Nassau County v New York State Urban Development Cor
Motion No: 2011-08694
Slip Opinion No: 2012 NY Slip Op 89301(U)
Decided on November 1, 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

M145764

E/sl

ANITA R. FLORIO, J.P.

JOHN M. LEVENTHAL

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2011-08694, 2012-02253

Nassau County, plaintiff, v New York State

Urban Development Corporation, et al., defendants,

Dormitory Authority of State of New York, et al.,

respondents, Tishman Construction Corporation

of New York, appellant-respondent, Roy Kay,

Inc., et al., respondents-appellants.

(Appeal No. 1)

Nassau County, plaintiff, v New York State

Urban Development Corporation, et al., respondents,

Richard Dattner Architect, P.C., respondent-appellant,

Tishman Construction Corporation of New York,

appellant-respondent, et al., defendants.

(Appeal No. 2)

(Index No. 2750/04)

DECISION & ORDER ON MOTION

Motion by Tishman Construction Corporation of New York to hold in abeyance an appeal and cross appeal from an order of the Supreme Court, Nassau County, entered December 21, 2012, pending hearing and determination of an appeal and cross appeals from an order of the same court entered May 31, 2011.

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

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

ORDERED that within 60 days after the determination of the appeal and cross appeals from the order entered May 31, 2011, Tishman Construction Corporation of New York shall either perfect its appeal from the order entered December 21, 2012, or withdraw that appeal.

FLORIO, J.P., LEVENTHAL, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court