J.J. Cassone Bakery, Inc. v Neri's Land Improvement, LLC
Motion No: 2008-04909
Slip Opinion No: 2009 NY Slip Op 71829(U)
Decided on May 7, 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

M86252

E/cb

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

THOMAS A. DICKERSON

PLUMMER E. LOTT, JJ.

2008-04909, 2008-04910, 2008-10833

J. J. Cassone Bakery, Inc., respondent,

v Neri's Land Improvement, LLC, et al.,

appellants, et al., defendant.

(Index No. 07-2299)

2008-00282

Neri's Land Improvement, LLC, et al.,

appellants, v J. J. Cassone Bakery, Inc.,

respondent.

(Index No. 06-22775)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss appeals from three orders of the Supreme Court, Westchester County, entered April 9, 2008, April 14, 2008, and October 29, 2008, respectively, on the ground that the record on appeal is inadequate. Cross motion by the appellants to calendar the above appeals together with an appeal from an order of the same court entered December 11, 2007 (Appellate Division Docket No. 2008-00282).

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

ORDERED that the motion is denied; and it is further,

ORDERED that the cross motion is granted and the appeals will be calendared together and will be argued or submitted on the same day.

MASTRO, J.P., RIVERA, DICKERSON and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court