Matter of State of California Franchise Tax Board
Motion No: 2011-06859
Slip Opinion No: 2011 NY Slip Op 86529(U)
Decided on October 13, 2011
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

M127230

E/sl

WILLIAM F. MASTRO, J.P.

RANDALL T. ENG

ARIEL E. BELEN

L. PRISCILLA HALL, JJ.

2011-06859

In the Matter of State of California Franchise

Tax Board, respondent-appellant; Gilbert P. Hyatt,

appellant-respondent.

(Index No. 11-52961)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent for a preference in the calendaring of an appeal and cross appeal from an order of the Supreme Court, Westchester County, dated July 27, 2011.

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

ORDERED that the motion is granted and the appeal and cross appeal will be calendared after all of the briefs have been filed.

MASTRO, J.P., ENG, BELEN and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court