Appellate Division: Second Judicial Department

M104605

E/sl

A. GAIL PRUDENTI, P.J.

REINALDO E. RIVERA

FRED T. SANTUCCI

HOWARD MILLER, JJ.

2009-03979, 2010-01521 Shlomit Fried, etc., et al., plaintiffs, v City of New York, et al., defendants, New York City Economic Development Corporation, respondent, Iffland Kavanagh Waterbury, PLLC, et al., appellants (and a third-party action). (Appeal No. 1) Shlomit Fried, etc., et al., appellants-respondents, v City of New York, et al., defendants-respondents- appellants, Han-Padron Associates, LLP, et al., defendants third-party plaintiffs-respondents- appellants, Biltwel General Contractor Corp., defendant-respondent, et al., defendants; Eliyahu Yadgar, third-party defendant-respondent. (Appeal No. 2) (Index No. 28770/02)

DECISION & ORDER ON MOTION

Motion by the City of New York, and the New York City Economic Development Corporation to strike an addendum to the appellants' reply brief and references to the addendum in the reply brief on an appeal from an order of the Supreme Court, Kings County, dated February 1, 2009 (Appellate Division Docket No. 2009-03979). Cross motion by Iffland Kavanagh Waterbury, PLLC, Iffland Kavanagh & Waterbury, P.C., Iffland Kavanagh & Waterbury, P.C., Inc., Iffland Kavanagh Waterbury, PLLC, to calendar the appeal from the order dated February 1, 2009, with an appeal and cross appeals from an order of the same court dated November 30, 2009 (Appellate Division Docket No. 2010-01521).

Upon the papers filed in support of the motion and the cross motion, and no papers having been filed in opposition or in relation thereto, it is

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

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

PRUDENTI, P.J., RIVERA, SANTUCCI and MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court