Edith Bolte Kutz Trust v Atlantic Coast Construction, LLC
Motion No: 2006-01638
Slip Opinion No: 2006 NYSlipOp 69656(U)
Decided on June 2, 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

M40311

Y/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO

MARK C. DILLON, JJ.

2006-01638

Edith Bolte Kutz Trust, appellant,

v Atlantic Coast Construction, LLC, respondent.

(Index No. 05-16687)

DECISION & ORDER ON MOTION

Motion by the appellant for a preference in the calendaring of an appeal from an order of the Supreme Court, Westchester County, entered February 8, 2006.

Upon the papers filed in support of the motion and no papers having been filed in relation thereto, it is

ORDERED that the motion is denied as unnecessary, as the case has been placed on this court's submission calendar for Wednesday, June 14, 2006.

MILLER, J.P., GOLDSTEIN, SPOLZINO and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court