Appellate Division: Second Judicial Department

M106483

E/sl

FRED T. SANTUCCI, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

PLUMMER E. LOTT, JJ.

2009-09988, 2010-04192, 2010-05993 Anthony Lanza, et al., respondents-appellants, v New York Times Company, et al., appellants- respondents. (Appeal No. 1) Anthony Lanza, et al., appellants-respondents, v New York Times Company, et al., respondents- appellants. (Appeal No. 2) Anthony Lanza, et al., respondents, v New York Times Company, et al., appellants. (Appeal No. 3) (Index No. 15141/07)

DECISION & ORDER ON MOTION

Motion by Anthony Lanza and Doreen Lanza on appeals and cross appeals from two orders of the Supreme Court, Kings County, dated August 13, 2009 (Appellate Division Docket No. 2009-09988) and March 17, 2010 (Appellate Division Docket No. 2010-04192), respectively, and an appeal from an order of the same court dated April 16, 2010 (Appellate Division Docket No. 2010-05993), to vacate a stay of the trial in the above-entitled action which was granted by a decision and order on motion of this court dated March 23, 2010, as amended May 7, 2010, and to withdraw their cross appeal from the order dated August 13, 2009. Separate motion by New York Times Company, FC Lion, LLC, Forest City Ratner Companies, Forest City Enterprises, FC Office Associates, LLC, FC 41st Street Associates, LLC, Turner Construction Company, Delta Sheet Metal Corporation, and Erector Specialist, Inc., in effect, to amend so much of the decision and order on motion dated March 23, 2010, as amended May 7, 2010, as conditioned the stay of trial upon the perfection of the appeal on or before June 22, 2010, and to enlarge the time to perfect the appeal from the order dated August 13, 2009, or, in the alternative, to withdraw their appeal from the order dated August 13, 2009, and to stay the trial in the above - entitled action pending hearing and determination of their cross appeal from the order dated March 17, 2010, and the appeal from the order dated April 16, 2010.

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

ORDERED that the branch of the motion which is to withdraw the appeal from the order dated August 13, 2009 (Appellate Division Docket No. 2009-09988), and the branch of the motion which is to withdraw the cross appeal from the order dated August 13, 2009, are granted, and the appeal and cross appeal from the order dated August 13, 2009, are marked withdrawn; and it is further,

ORDERED that the branch of the motion which is vacate so much of the decision and order on motion dated March 23, 2010, as granted a stay of the trial is granted and the stay is vacated forthwith; and it is further,

ORDERED that the branch of the motion which is to extend the stay of trial pending hearing and determination of the appeal from the order dated August 13, 2009, or, in the alternative, to stay the trial pending hearing and determination of the cross appeal from the order dated March 17, 2010 (Appellate Division Docket No. 2010-04192), and the appeal from the order dated April 16, 2010 (Appellate Division Docket No. 2010-05993), is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated August 13, 2009, is denied as academic.

SANTUCCI, J.P., ANGIOLILLO, LEVENTHAL and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court