| Leviev v Bebe Stores, Inc. |
| Motion No: 2010-03176 |
| Slip Opinion No: 2011 NY Slip Op 66144(U) |
| Decided on March 8, 2011 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M116337
E/sl
JOSEPH COVELLO, J.P.
CHERYL E. CHAMBERS
L. PRISCILLA HALL
JEFFREY A. COHEN, JJ.
|
2010-03176 Syoma Leviev, appellant, v Bebe Stores, Inc., defendant third-party plaintiff-respondent; County of Nassau, et al., third-party defendants. (Index No. 29163/07)
| DECISION & ORDER ON MOTION |
Motion by the third-party defendants, in effect, to dismiss an appeal from so much of an order of the Supreme Court, Kings County, dated February 5, 2010, as granted their motion to dismiss the third-party complaint on the ground that the appellant is not aggrieved by that portion of the order, or to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is, in effect, to dismiss a portion of the appeal is denied as unnecessary as the appellant's brief does not raise any issue regarding the portion of the order dated February 5, 2010, as dismissed the third-party complaint; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is denied as academic.
COVELLO, J.P., CHAMBERS, HALL and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court