Kay Foundation v S&F Towing Service of Staten Island, In
Motion No: 2005-09194 +2
Slip Opinion No: 2006 NYSlipOp 66691(U)
Decided on April 7, 2006
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

M38127

C/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

FRED T. SANTUCCI

ROBERT J. LUNN, JJ.

2005-09194, 2005-09197, 2005-10359

Kay Foundation, etc., appellant,

v S&F Towing Service of Staten Island, Inc.,

et al., respondents.

(Index No. 12140/01)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Richmond County, dated July 22, 2005, and July 27, 2005, respectively, and a judgment of the same court dated October 3, 2005, inter alia, to appoint a receiver for the subject property pending hearing and determination of the appeals, and for a preference in the calendaring of the appeals.

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 for a preference in the calendaring of the appeals is granted; the appeals will be calendared expeditiously; and it is further,

ORDERED that the motion is otherwise denied.

FLORIO, J.P., ADAMS, SANTUCCI and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court