Munoz v Lower Manhattan Development Corporation
Motion No: 2011-08325
Slip Opinion No: 2012 NY Slip Op 68398(U)
Decided on March 26, 2012
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

M135375

E/sl

PETER B. SKELOS, J.P.

ANITA R. FLORIO

RANDALL T. ENG

SHERI S. ROMAN, JJ.

2011-08325, 2012-02294

James Munoz, et al., appellants-respondents,

v Lower Manhattan Development Corporation,

et al., respondents-appellants.

(Appeal No. 1)

James Munoz, et al., respondents,

v Lower Manhattan Development Corporation,

et al., appellants.

(Appeal No. 2)

(Index No. 9765/09)

DECISION & ORDER ON MOTION

Motion by Lower Manhattan Development Corporation and Bovis Lend Lease LMB, Inc., on an appeal and cross appeal from an order of the Supreme Court, Queens County dated July 15, 2011, and an appeal from an order of the same court dated February 8, 2012, to stay the trial in the above-entitled action, pending hearing and determination of the appeal from the order dated February 8, 2012, and to withdraw their cross appeal from the order dated July 15, 2011.

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

ORDERED that the branch of the motion which is to stay the trial is denied; and it is further,

ORDERED that the branch of the motion which is to withdraw the cross appeal from the order dated July 15, 2011 (Appellate Division Docket No. 2011-08325), is granted, and the cross appeal is deemed withdrawn, without costs or disbursements.

SKELOS, J.P., FLORIO, ENG and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court