Appellate Division: Second Judicial Department

M138930

E/sl

DANIEL D. ANGIOLILLO, J.P.

ARIEL E. BELEN

CHERYL E. CHAMBERS

SHERI S. ROMAN, JJ.

2011-03527, 2011-07135, 2012-01726 Hamlet at Willow Creek Development Co., LLC, et al., respondents, v Northeast Land Development Corporation, et al., appellants. (Index No. 7356/05)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated June 6, 2012, in the above-entitled appeal is recalled and vacated and the following decision and order on motion is substituted therefor:

Motion by the respondents for a preference in the calendaring of appeals from an order of the Supreme Court, Nassau County, dated March 4, 2011, a judgment of the same court entered May 16, 2011, and an order and judgment (one paper) of the same court dated December 22, 2011, and to strike stated portions of the reply brief of the appellant Northeast Land Development Corporation.

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 for a preference in the calendaring of the appeals is denied as unnecessary as the appeals have been calendared for June 19, 2012; and it is further,

ORDERED that the branch of the motion which is to strike stated portions of the reply brief of the appellant Northeast Land Development Corporation is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

ANGIOLILLO, J.P., BELEN, CHAMBERS and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court