752 Pacific, LLC v Pacific Carlton Development Corp.
Motion No: 2007-05853
Slip Opinion No: 2008 NYSlipOp 83763(U)
Decided on September 23, 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

M76121

E/cb

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

WILLIAM E. McCARTHY

CHERYL E. CHAMBERS, JJ.

2007-05853, 2007-05855, 2007-09880

752 Pacific, LLC, et al., respondents-appellants,

v Pacific Carlton Development Corp., et al.,

appellants-respondents.

(Appeal Nos. 1 and 2)

Pacific Carlton Development Corp., et al.,

appellants, v 752 Pacific, LLC, et al., respondents.

(Appeal No. 3)

(Index No. 32819/03, 29400/06)

DECISION & ORDER ON MOTION

Motion by Pacific Carlton Development Corp., 535 Carlton Avenue Realty Corp., Henry P. Weinstein, and Gary H. Silver to calendar together an appeal and cross appeal from an order of the Supreme Court, Kings County, dated March 1, 2007, an appeal and cross appeal from a judgment of the same court dated March 20, 2007, and an appeal from an order of the same court dated September 19, 2007, and for a preference in the calendaring of the appeals and cross 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 to calendar the appeals and cross appeals together is granted, and the appeals and cross appeals will be calendared together, and will be argued or submitted on the same day; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeals and cross appeals is denied.

PRUDENTI, P.J., SANTUCCI, McCARTHY and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court