Chia Yun Tsai v Duane Reade, Inc.
Motion No: 2008-09906
Slip Opinion No: 2009 NYSlipOp 60208(U)
Decided on January 8, 2009
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

M80828

E/sl

STEVEN W. FISHER, J.P.

HOWARD MILLER

EDWARD D. CARNI

RUTH C. BALKIN, JJ.

2008-09906

Chia Yun Tsai, et al., appellants-respondents,

v Duane Reade, Inc., respondent-appellant,

134-54 Maple Avenue Tenants Corp., et al.,

respondents.

(Index No. 9047/06)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents for a preference in the calendaring of an appeal and cross appeal from an order of the Supreme Court, Queens County, dated September 22, 2008.

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

ORDERED that the motion is granted and the appeal and cross appeal will be calendared after all of the briefs have been filed; and it is further,

ORDERED that the respondent-appellant shall serve and file its brief on or before January 26, 2009; and it is further,

ORDERED that the respondents shall serve and file their briefs, if any, on or before March 2, 2009; and it is further,

ORDERED that the appellants-respondents shall serve and file their reply brief, if any, on or before April 1, 2009; and it is further,

ORDERED that the respondent-appellant shall serve and file its reply brief, if any, on or before April 15, 2009.

FISHER, J.P., MILLER, CARNI and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court