Appellate Division: Second Judicial Department

M188984

E/ct

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

SANDRA L. SGROI, JJ.

2014-01951 Forest Mall, LLC, et al., appellants, v FKF3, LLC, et al., defendants, Mitchell Klein, respondent. (Index No. 7652/10)

DECISION & ORDER ON MOTION

Motion by appellants on an appeal from a judgment of the Supreme Court, Rockland County, entered December 12, 2013, inter alia, for leave to reargue their opposition to a motion by the defendant John F. Magee, among other things, in effect, to strike the appellants' brief on the ground that it improperly raises arguments against him, which was determined by decision and order on motion of this Court dated December 11, 2014, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order on motion of this Court dated December 11, 2014.

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

ORDERED that the motion is denied; and it is further,

ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that the appellants' brief, which did not raise any arguments with respect to the respondent, was stricken by the decision and order on motion of this Court dated December 11, 2014.

RIVERA, J.P., LEVENTHAL, CHAMBERS and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court