Moltisanti v Virgin Entertainment Group, Inc.
Motion No: 2010-11563
Slip Opinion No: 2011 NY Slip Op 79676(U)
Decided on August 2, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M122930

E/sl

PETER B. SKELOS, J.P.

RANDALL T. ENG

JOHN M. LEVENTHAL

SANDRA L. SGROI, JJ.

2010-11563

Peter Moltisanti, plaintiff, v Virgin

Entertainment Group, Inc., respondents,

Vornado 1540 Broadway, LLC, appellant.

(Index No. 28985/08)

DECISION & ORDER ON MOTION

Motion by the respondents, inter alia, to strike a brief filed by Peter Moltisanti on an appeal from an order of the Supreme Court, Kings County, dated October 1, 2010, on the ground that the plaintiff is not a proper respondent on the appeal. Application by the respondents to enlarge the time to serve and file a brief in response to Peter Moltisanti's brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted and the brief filed by Peter Moltisanti is stricken, and it is further,

ORDERED that the application is denied as academic.

SKELOS, J.P., ENG, LEVENTHAL and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court