| Sacher v Beacon Associates Management Corp. |
| Motion No: 2011-08706 |
| Slip Opinion No: 2012 NY Slip Op 93800(U) |
| Decided on December 14, 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. |
Appellate Division: Second Judicial Department
M148176
E/ct
PETER B. SKELOS, J.P.
THOMAS A. DICKERSON
JOHN M. LEVENTHAL
PLUMMER E. LOTT, JJ.
|
2011-08706 Joel Sacher, et al., appellants-respondents, v Beacon Associates Management Corp., et al., respondents, Friedberg, Smith & Co., P.C., respondent-appellant, et al., defendant. (Index No. 5424/09)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant Friedberg, Smith & Co., P.C., to sever its cross appeal from an order of the Supreme Court, Nassau County, dated August 11, 2011, from the remaining appeals and cross appeals and to calendar its appeal immediately. Separate motion by Ivy Asset Management Corp., Ivy Asset Management, LLC, and Beacon Associates Management Corp., Joel Danziger, and Harris Markhoff, inter alia, to recall and vacate so much of a decision and order on motion of this Court dated November 15, 2012, as dismissed their cross appeals as abandoned for failure to comply with the rules (see 22 NYCRR 670.8[c][3]) and prior order of this Court.
Upon the papers filed in support of the motion by the respondent-appellant Friedberg, Smith & Co., P.C., and the papers filed in opposition thereto, and upon the papers filed in support of the motion by Ivy Asset Management Corp., Ivy Asset Management, LLC, and Beacon Associates Management Corp., Joel Danziger, and Harris Markhoff and the papers filed in relation thereto, it is
ORDERED that the motions are denied.
SKELOS, J.P., DICKERSON, LEVENTHAL and LOTT, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court