Appellate Division: Second Judicial Department

M169745

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2013-10466 In the Matter of W.W.F. Realty Corp., petitioner, v Board of Trustees Village of Saltaire, et al., respondents.

DECISION & ORDER ON MOTION

Motion by the respondents pursuant to CPLR 3211(a)(4) and (8) to dismiss a proceeding pursuant to EDPL 207 on the grounds that the petitioner has failed to effectuate proper service against them and that there is a prior matter pending in the Supreme Court, Suffolk County, in which the petitioner raises the same claim, or, in the alternative, for an expedited briefing schedule and for a preference in the calendaring of the proceeding. Cross motion by the petitioner to extend the time to effectuate service.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the cross motion is granted, and the petitioner's time to effectuate service of the petition upon the respondents is extended until March 7, 2014 (see CPLR 306-b); and it is further,

ORDERED that the branch of the motion which is to dismiss the proceeding on the ground that the petitioner has failed to effectuate proper service is denied without prejudice to renew in the event the petitioner fails to effectuate proper service on or before March 7, 2014; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the proceeding is denied as unnecessary (see EDPL 207[B]); and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., BALKIN, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court