| Smith v Christ's First Presbyterian Church of Hempstead |
| Motion No: 2011-00757 |
| Slip Opinion No: 2011 NY Slip Op 87590(U) |
| Decided on October 24, 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
M127690
E/nl
DANIEL D. ANGIOLILLO, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
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2011-00757 DECISION & ORDER ON MOTION Leitha Smith, et al., appellants, v Christ's First Presbyterian Church of Hempstead, respondent; Whitson's Food Service Corp., et al., third-party defendants. (Index No. 3829/08)
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Separate motions by the third-party defendants Whitson's Food Service Corp., Whitson's Food Service Corp., Whitson's Food Service (Bronx) Corp., Whitson's Ind. Food Corp., Whitson's Islandia Properties, LLC, Whitson's New England, Inc., Whitson's Properties, LLC, Whitson's Resource Management Corp., Whitson's School Nutrition Corp., Whitson's Culinary Group, and the third-party defendants Martinez Landscaping Corp., Martinez Landscaping Service, amd David Martinez , inter alia, to strike footnote 1 of the respondent's brief on an appeal from an order of the Supreme Court, Nassau County, entered December 9, 2010.
Upon the papers filed in support of the motions and the papers filed in opposition and in relation thereto, it is
ORDERED that the motions are dismissed as the movants are not parties to the appeal; and it is further,
ORDERED that on the Court's own motion, footnote 1 of the respondent's brief is stricken, and on or before November 4, 2011, the respondent shall remove that footnote from the copies of its brief filed with the Clerk of the Court.
ANGIOLILLO, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court