| Matter of Port Jeff Main Street, LLC v Koubek |
| Motion No: 2010-01727 |
| Slip Opinion No: 2010 NY Slip Op 68130(U) |
| Decided on April 12, 2010 |
| 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
M101214
E/sl
REINALDO E. RIVERA, J.P.
ANITA R. FLORIO
HOWARD MILLER
SHERI S. ROMAN, JJ.
|
2010-01727 In the Matter of Port Jeff Main Street, LLC, respondent, v Kevin Koubek, P.E., etc., et al., appellants. (Index No. 36289-08)
| DECISION & ORDER ON MOTION |
Motion by the appellants for an expedited briefing schedule and a preference in the calendaring of an appeal from an order of the Supreme Court, Suffolk County, dated December 30, 2009, or, if an expedite briefing schedule and preference are not granted, to vacate the automatic stay pursuant to CPLR 5519(a).
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is for an expedited briefing schedule and a preference in the calendaring of an appeal is granted; and it is further,
ORDERED that the appellants shall perfect the appeal by serving and filing the record or appendix on the appeal and the appellants' brief on or before May 12, 2010; and it is further,
ORDERED that the respondent shall serve and file a brief, if any, on or before June 11, 2010; and it is further,
ORDERED that the appellants shall serve and file a reply brief, if any, on or before June 21, 2010; and it is further,
ORDERED that the appeal will be calendared expeditiously after all briefs have been filed; and it is further,
ORDERED that the branch of the motion which is to vacate the automatic stay pursuant to CPLR 5519(a) is denied as academic.
RIVERA, J.P., FLORIO, MILLER and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court