Appellate Division: Second Judicial Department

M193443

E/sl

MARK C. DILLON, J.P.

SHERI S. ROMAN

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2012-01889 David M. Cohen, etc., et al., plaintiffs, v Stanley Cohen, etc., et al., defendants; Five Towns College, intervenor. (Action No. 1) Janet Cohen Kaplan, etc., et al., respondents, v Stanley Cohen, etc., et al., defendants, Five Towns College, et al., appellants. (Action No. 2) David M. Cohen, etc., et al., respondents, v Stanley Cohen, etc., et al., defendants, Five Towns College, et al., appellants. (Action No. 3) (Index Nos. 40466/08, 18376/09, 10934/10)

DECISION & ORDER ON MOTION

Motion by the appellants Joseph D. Quinn, Joseph Castronovo, Frank Scalzo, Phillip Smith, Bruce Rensing, and Harriet Hirshfield, and the defendant Marion Fleming to substitute Anne D. Teicher, as executrix of the estate of Samuel S. Teicher, for the deceased appellant Samuel Teicher, and Mary P. Mansi, as executrix of the estate of Joseph A. Mansi, for the deceased appellant Joseph Mansi on appeals from an order of the Supreme Court, Suffolk County, dated January 5, 2012, and for a preference in the calendaring of the appeals. Cross motion by Stanley Cohen, derivatively and on behalf of Stanley and Lorraine Cohen Family Limited Partnership and Five Towns College, for leave to intervene on the appeals. Separate cross motion by the appellant Five Towns College for leave to withdraw its appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, upon the papers filed in support of the cross motion by Stanley Cohen and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion by the appellant Five Towns College and the papers filed in opposition and in relation thereto, it is

ORDERED that the motion is granted, Anne D. Teicher, as executrix of the estate of Samuel S. Teicher, is substituted for the deceased appellant Samuel Teicher, Mary P. Mansi, as executrix of the estate of Joseph A. Mansi is substituted for the deceased appellant Joseph Mansi, the caption is amended accordingly, and the appeals will be calendared expeditiously; and it is further,

ORDERED that the cross motion by Stanley Cohen is denied; and it is further,

ORDERED that the cross motion by the appellant Five Towns College is granted, and the appeal by Five Towns College is deemed withdrawn, without costs or disbursements.

DILLON, J.P., ROMAN, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court