| Hoogland v Transport Expressway, Inc. |
| Motion No: 2008-05214 |
| Slip Opinion No: 2009 NYSlipOp 66379(U) |
| Decided on March 12, 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. |
Appellate Division: Second Judicial Department
M83659
E/cb
REINALDO E. RIVERA, J.P.
DANIEL D. ANGIOLILLO
RANDALL T. ENG
ARIEL E. BELEN, JJ.
|
2008-05214
Cynthia Hoogland, etc., et al., plaintiffs-respondents, v Transport Expressway, Inc., et al., appellants, Walmart Stores East, Inc., et al., defendants- respondents (and a third-party action). (Action No. 1) Denise Malkin, plaintiff, v Transport Expressway, Inc., et al., appellants, Walmart Stores East, Inc., et al., respondents. (Action No. 2) (Index Nos. 8741/04, 50/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant Fiducie Location Pinard on appeals from an order of the Supreme Court, Orange County, dated April 18, 2008, to enlarge the time to perfect its appeal. Cross motion by the respondents Walmart Stores East, Inc., and Daniel Hill to dismiss the appeals, inter alia, on the ground that they have been rendered academic. Separate cross motion by the respondents Port Authority of New York and New Jersey, Port Newark Container Terminal, LLC, P & O Nedlloyd Limited, and P & O Ports North America, Inc., to dismiss the appeals, inter alia, in effect, on the ground that the appellants are not aggrieved. Separate cross motion by the respondents Nippon Yusen Kabushiki Kaisha, NYK Line (North America), Inc., and New Amera Transit, Inc., to dismiss the appeals on the ground that the appellants lack standing by virtue of General Obligation Law § 15-108. Application by the appellants Transport Expressway, Inc., 3145221 Canada, Inc., and Sebastien Tremblay pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect their appeal.
Upon the papers filed in support of the motion and the cross motions, and the papers filed in opposition thereto, and upon the application, it is
ORDERED that the motion and application are granted, the time to perfect the appeals is enlarged until April 13, 2009, and the joint record or appendix on the appeals and the appellants' briefs must be served and filed on or before that date; and it is further,
ORDERED that the cross motions are held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
RIVERA, J.P., ANGIOLILLO, ENG and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court