Erickson v Cross Ready Mix, Inc.
Motion No: 2008-10020
Slip Opinion No: 2010 NY Slip Op 71138(U)
Decided on May 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M102654

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

ARIEL E. BELEN

PLUMMER E. LOTT, JJ.

2008-10020, 2009-04396

Richard J. Erickson, plaintiff-respondent-

appellant, v Cross Ready Mix, Inc., et al.,

respondents, Turner Construction Company,

defendant third-party plaintiff-respondent-appellant,

Elite Ready Mix Corporation, defendant-appellant-

respondent; Commodore Construction Corp.,

third-party defendant-respondent.

(Appeal No. 1)

Richard J. Erickson, appellant, v Cross Ready

Mix, Inc., et al., respondents

(and a third-party action).

(Appeal No. 2)

(Index No. 11947/05)

DECISION & ORDER ON MOTION

Motion by Richard J. Erickson for a preference in the calendaring of an appeal and cross appeals from an order of the Supreme Court, Nassau County, dated September 22, 2008, and an appeal from an order of the same court dated April 17, 2009.

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 denied as unnecessary as the appeals and cross appeals have been placed on the calendar for May 21, 2010.

DILLON, J.P., BALKIN, BELEN and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court