Pescatore v Nicole Brittany, Ltd.
Motion No: 2015-08746
Slip Opinion No: 2016 NY Slip Op 69776(U)
Decided on April 8, 2016
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

M209585

E/sl

JOHN M. LEVENTHAL, J.P.

L. PRISCILLA HALL

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2015-08746

Pasquale Pescatore, plaintiff-respondent,

v Nicole Brittany, Ltd., defendant-respondent,

Henry Grunbaum, appellant, et al., defendants.

(Index No. 23075/07)

DECISION & ORDER ON MOTION

Motion by the appellant to strike Pasquale Pescatore s brief on an appeal from an order of the Supreme Court, Kings County, dated June 22, 2015, on the ground that he is not a respondent on the appeal.

Upon the papers filed in support of the motion and the 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 appellant's time to serve and file a reply brief is enlarged until April 21, 2016, and the reply brief, if any, must be served and filed on or before that date.

LEVENTHAL, J.P., HALL, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court