Campisi v Gambar Food Corp.
Motion No: 2013-08177
Slip Opinion No: 2014 NY Slip Op 80203(U)
Decided on August 12, 2014
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

M178219

E/sl

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

COLLEEN D. DUFFY, JJ.

2013-08177

Pauline Campisi, et al., respondents,

v Gambar Food Corp., defendant, Montauk

Properties, LLC, appellant

(and a third-party action).

(Index No. 36614/09)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to strike the brief filed by Gambar Food Corp. on an appeal from an order of the Supreme Court, Suffolk County, dated June 12, 2013, on the ground that it is not a party to the appeal.

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 to strike the brief filed by Gambar Food Corp. is granted, and the brief is stricken; and it is further,

ORDERED that the motion is otherwise denied as academic.

RIVERA, J.P., AUSTIN, SGROI and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court