| IN THE MATTER OF THEODORE S. LIAROS V TED'S JUMBO RED HOTS, INC., SPIRO T. LIAROS, PETER T. LIAROS AND THECLY LIAROS |
| Motion No: CA 11-02520 |
| Slip Opinion No: 2012 NY Slip Op 69398(U) |
| Decided on April 3, 2012 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P.J., CENTRA, PERADOTTO., AND LINDLEY, JJ.
DOCKET NO. CA 11-02520
| IN THE MATTER OF THEODORE S. LIAROS, PETITIONER-RESPONDENT,
V TED'S JUMBO RED HOTS, INC., SPIRO T. LIAROS, PETER T. LIAROS AND THECLY LIAROS ORTOLANI,
RESPONDENTS-APPELLANTS. |
Respondents-appellants having moved to strike portions of petitioner-respondent's brief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 17, 2011, and petitioner-respondent having cross-moved to dismiss the appeal on the ground that the appeal is moot,
Now, upon reading and filing the affidavit of Ryan G. Pitman, Esq., sworn to March 23, 2012, the affirmation of Jeffrey C. Stravino, Esq., dated March 29, 2012, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion to strike portions of petitioner-respondent's brief is denied, and
It is further ORDERED that the cross motion to dismiss the appeal is denied with leave to renew upon oral argument of the appeal.
Entered: April 3, 2012
Frances E. Cafarell, Clerk