Appellate Division: Second Judicial Department

M147430

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. (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

On the Court's own motion, it is

ORDERED that the decision and order on motion dated November 1, 2012, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

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, 2011, pending hearing and determination of an appeal 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 21,2011, or withdraw that appeal.

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

ENTER:

Aprilanne Agostino

Clerk of the Court