Central Equities Credit Corp. v B & N Properties, LLC
Motion No: 2008-04353
Slip Opinion No: 2009 NY Slip Op 70404(U)
Decided on April 23, 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

M85634

E/cb

STEVEN W. FISHER, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL, JJ.

2008-04353

Central Equities Credit Corp., plaintiff-appellant,

v B & N Properties, LLC, defendant-appellant,

Elmar Associates, LLC, et al., respondents,

et al., defendants.

(Index No. 43274/00)

DECISION & ORDER ON MOTION

Motion by Elmar Associates, LLC, on appeals from an order of the Supreme Court, Kings County, dated March 27, 2008, to dismiss the appeal by B & N Properties, LLC.

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

ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that on or before May 26, 2009, Elmar Associates, LLC, shall serve and file a supplemental brief, if it be so advised, raising any issue relating to B & N Properties, LLC; and it is further,

ORDERED that on or before June 10, 2009, B & N Properties, LLC, shall serve and file a supplemental brief, if it be so advised, responding to any issue raised by the supplemental brief of Elmar Associates, LLC.

FISHER, J.P., COVELLO, ANGIOLILLO and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court