Hamlet at Willow Creek Development Co., LLC v Norther
Motion No: 2006-05693
Slip Opinion No: 2007 NYSlipOp 71457(U)
Decided on June 13, 2007
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

M55825

E/nl

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

STEVEN W. FISHER, JJ.

2006-05693, 2006-05694, 2007-04626

Hamlet at Willow Creek Development Co.,

LLC, et al., respondents-appellants, v Northeast

Land Development Corporation, et al.,

respondents, Pav-Co Asphalt, Inc., et al.,

appellants-respondents.

(Appeals Nos. 1 and 2)

Hamlet at Willow Creek Development Co.,

LLC, et al., appellants-respondents, v Northeast

Land Development Corporation, respondent-

appellant, Pav-Co Asphalt, Inc., et al., respondents.

(Appeal No. 3)

(Index No. 7536/05)

DECISION & ORDER ON MOTION

Motion by Hamlet at Willow Creek Development Co., LLC, Mt Sinai Associates, LLC, and Holiday Organization to consolidate appeals and cross appeals from an order of the Supreme Court, Nassau County, dated May 5, 2006 (Appellate Division Docket No. 2006-05693), and a judgment of the same court dated May 19, 2006 (Appellate Division Docket No. 2006-05694), with an appeal and cross appeal from an order of the same court dated May 10, 2007 (Appellate Division Docket No. 2007-04626).

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

ORDERED that the motion is granted to the extent that the appeals and cross appeals will be calendared together and shall be argued or submitted on the same day and the motion is otherwise denied; and it is further,

ORDERED that Hamlet at Willow Creek Development Co., LLC, Mt Sinai Associates, LLC, and Holiday Organization shall serve and file their answering brief, including their points of argument on the cross appeal from the order dated May 5, 2006 (Appellate Division Docket No. 2006-05693), and the judgment dated May 19, 2006 (Appellate Division Docket No. 2006-05694), on or before July 12, 2007; and it is further,

ORDERED that Hamlet at Willow Creek Development Co., LLC, Mt Sinai Associates, LLC, and Holiday Organization shall perfect the appeal from the order dated May 10, 2007 (Appellate Division Docket No. 2007-04626), on or before August 13, 2007, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and their brief must be served and filed on or before that date.

MILLER, J.P., RITTER, GOLDSTEIN and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court