Zane v Minion
Motion No: 2009-00178
Slip Opinion No: 2009 NY Slip Op 71177(U)
Decided on April 30, 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

M86010

E/cb

MARK C. DILLON, J.P.

ANITA R. FLORIO

RUTH C. BALKIN

LEONARD B. AUSTIN, JJ.

2009-00178

James B. Zane, appellant,

v Jane Minion, respondent.

(Index No. 1551/08)

DECISION & ORDER ON MOTION

Motion by the appellant for a preference in the calendaring of an appeal from an order of the Supreme Court, Queens County, entered December 4, 2008, and for leave to file certain papers supporting the motion under seal.

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 it is further,

ORDERED that the appeal will be calendared expeditiously after all the briefs have been filed; and it is further,

ORDERED that the respondent shall serve and file her brief, if any, on or before May 13, 2009; and it is further,

ORDERED that the appellant shall serve and file his reply brief, if any, on or before May 26, 2009; and it is further,

ORDERED that the affidavit of Myron Schwartz, as well as Exhibits C and D annexed to the motion, are sealed.

DILLON, J.P., FLORIO, BALKIN and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court