Western Beef Mariners Harbor, LLC v Vornado Forest Pla
Motion No: 2008-01888
Slip Opinion No: 2008 NYSlipOp 82800(U)
Decided on September 12, 2008
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

M75655

E/sl

REINALDO E. RIVERA, J.P.

HOWARD MILLER

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS, JJ.

2008-01888, 2008-05202

Western Beef Mariners Harbor, LLC, appellant,

v Vornado Forest Plaza, LLC, defendant,

Great Atlantic & Pacific Tea Company, respondent.

(Appeal No. 1)

Western Beef Mariners Harbor, LLC, appellant-respondent,

v Vornado Forest Plaza, LLC, defendant,

Great Atlantic & Pacific Tea Company, respondent-appellant

(Appeal No. 2)

(Index No. 100573/07)

DECISION & ORDER ON MOTION









.

Motion by Great Atlantic & Pacific Tea Company, Inc., on an appeal from an order of the Supreme Court, Richmond County, dated December 21, 2007, and an appeal and cross appeal from an order of the same court dated April 23, 2008, for leave to supplement the record filed in connection with an appeal from the order dated December 21, 2007 (Appellate Division Docket No. 2008-01888), with a notice of appeal and its notice of cross appeal filed in connection with the order dated April 23, 2008 (Appellate Division Docket No. 2008-05202), and to deem the record and briefs filed in connection with the appeal from the order dated December 21, 2007, to also be the record and briefs on the appeal from the order dated April 23, 2008.

Upon the papers filed in support of the motion and no papers filed in opposition thereto, it is

ORDERED that the motion is granted, and the record and briefs filed in connection with the appeal from the order dated December 21, 2007 (Appellate Division Docket No. 2008-01888), are also deemed to be the record and briefs for the appeal by Great Atlantic & Pacific Tea Company, Inc., from the order dated April 23, 2008 (Appellate Division Docket No. 2008-05202); and it is further,

ORDERED that on or before September 26, 2008, Great Atlantic & Pacific Tea Company, Inc., shall serve and file a supplemental record containing the notice of appeal and notice of cross appeal filed in connection with the order dated April 23, 2008.

RIVERA, J.P., MILLER, ANGIOLILLO and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court