Appellate Division: Second Judicial Department

M53834

E/sl

ROBERT A. SPOLZINO, J.P.

ANITA R. FLORIO

PETER B. SKELOS

WILLIAM E. McCARTHY, JJ.

2006-11920 Raymond Lofstad, et al., plaintiffs-respondents- appellants, v S & R Fisheries, Inc., et al., defendants-respondents-appellants, Shinnecock Inlet Development Corp., et al., respondents, Vogt Tube, Inc., et al., appellants-respondents (and other titles). (Action No. 1) (Index No. 8644-04) Alfred Richard Havel, plaintiff-respondent, v S & R Fisheries, Inc., et al., defendants, Ice Lease Partners, Ltd., et al., appellants. (Action No. 2) (Index No. 5586-04)

DECISION & ORDER ON MOTION

Motion by Raymond Lofstad and Julie Lofstad, inter alia, for a preference in the calendaring of an appeal and cross appeals from an order of the Supreme Court, Suffolk County, dated November 17, 2006. Separate motion by Alfred Richard Havel for a preference in the calendaring of the appeal and cross appeals. Cross motion by Tube Ice, LLC, s/h/a Vogt Tube, Inc., Ice Lease Partners, Ltd., and OPM Services, Inc., inter alia, to dismiss the Lofstads' cross appeal on the ground that the Lofstads did not pay their pro rata share of the joint record on appeal. Cross motion by Jimmy Coronisi, a/k/a James R. Coronesi, inter alia, to dismiss the Lofstads' cross appeal on the ground that the Lofstads did not pay their pro rata share of the joint record on appeal, or, in the alternative, to enlarge the time to serve and file a brief. Application by Tube Ice, LLC, s/h/a Vogt Tube, Inc., Ice Lease Partners, Ltd., and OPM Services, Inc., for leave to file a supplemental reply brief addressing an issue raised in the brief of S & R Fisheries, Inc. Separate application by Jimmy Coronisi, a/k/a James R. Coronesi, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motions and the cross motions, and the papers filed in opposition thereto, and upon the applications, it is

ORDERED that branches of the cross motions which are to dismiss the Lofstads' cross appeal on the ground that the Lofstads did not pay their pro rata share of the joint record on appeal are denied on condition that on or before May 10, 2007, Raymond Lofstad and Julie Lofstad pay their pro rata share of the joint record on appeal; and it is further,

ORDERED that the application by Jimmy Coronisi, a/k/a James R. Coronesi, is granted and Coronisi's time to serve and file a brief is enlarged until June 11, 2007, and Coronisi's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion of Raymond Lofstad and Julie Lofstad which is for a preference in the calendaring of the appeal and cross appeals, and the separate motion by Alfred Richard Havel for the same relief are granted, and the appeal and cross appeals will be calendared expeditiously; and it is further,

ORDERED that the application by Tube Ice, LLC, s/h/a Vogt Tube, Inc., Ice Lease Partners, Ltd., and OPM Services, Inc., is granted, and on or before May 11, 2007, Tube Ice, LLC, s/h/a Vogt Tube, Inc., Ice Lease Partners, Ltd., and OPM Services, Inc., shall serve and file a supplemental reply brief addressing the issue raised in the brief of S & R Fisheries, Inc.; and it is further,

ORDERED that the motion by Raymond Lofstad and Julie Lofstad and the cross motions are otherwise denied.

SPOLZINO, J.P., FLORIO, SKELOS and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court