Riverbend Homeowners Association, Inc. v Riverbend Pee
Motion No: 2012-06208
Slip Opinion No: 2013 NY Slip Op 69535(U)
Decided on April 4, 2013
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

M153992

S/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2012-06208, 2013-03246

Riverbend Homeowners Association, Inc., etc.,

respondent, v Riverbend Peekskill, LLC, et al.,

appellants, et al., defendants.

(Appeal No. 1)

Riverbend Homeowners Association, Inc., etc.,

plaintiff, v Riverbend Peekskill, LLC, et al.,

respondents, Tectonic Engineering & Surveying

Consultants, P.C., appellant, et al., defendant.

(Appeal No. 2)

(Index No. 09-25767)

DECISION & ORDER ON MOTION

Appeal by Riverbend Peekskill, LLC, Ginsberg Development, LLC, Ginsberg Development Corp., GDC Construction & Development Corp., Martin Ginsberg, and Patrick LaBracio, from an order of the Supreme Court, Westchester County, dated May 7, 2012, and separate appeal by Tectonic Engineering & Surveying Consultants, P.C., from an order of the same court also dated May 7, 2012. A joint record has been filed and the appellants Riverbend Peekskill, LLC, Ginsberg Development, LLC, Ginsberg Development Corp., GDC Construction & Development Corp., Martin Ginsberg, and Patrick LaBracio, have served and filed their brief.

On the Court's own motion, it is

ORDERED that Tectonic Engineering & Surveying Consultants, P.C., shall serve and file its brief raising issues on its appeal on or before May 6, 2013; and it is further,

ORDERED that the plaintiff shall serve and file a brief responding to the issues raised by Riverbend Peekskill, LLC, Ginsberg Development, LLC, Ginsberg Development Corp., GDC Construction & Development Corp., Martin Ginsberg, and Patrick LaBracio, on their appeal and Riverbend Peekskill, LLC, Ginsberg Development, LLC, Ginsberg Development Corp., GDC Construction & Development Corp., Martin Ginsberg, Michael Bartolone, and Patrick LaBracio, shall serve and file a brief responding to the issues raised by Tectonic Engineering & Surveying Consultants, P.C., on its appeal on or before June 11, 2013; and it is further,

ORDERED that Riverbend Peekskill, LLC, Ginsberg Development, LLC, Ginsberg Development Corp., GDC Construction & Development Corp., Martin Ginsberg, and Patrick LaBracio, and Tectonic Engineering & Surveying Consultants, P.C., shall serve and file their respective reply briefs on or before June 26, 2013.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court