| Benitez v Tritec Hospitality LLC |
| Motion No: 2016-01039 |
| Slip Opinion No: 2016 NY Slip Op 80089(U) |
| Decided on July 20, 2016 |
| 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
M215238
E/ct
CHERYL E. CHAMBERS, J.P.
THOMAS A. DICKERSON
L. PRISCILLA HALL
JOSEPH J. MALTESE, JJ.
|
2016-01039 Carlos Benitez, et al., plaintiffs-respondents, v Tritec Hospitality, LLC, defendant third-party plaintiff-appellant-respondent, Mack-Cali So. West Realty Associates, LLC, defendant second third-party plaintiff-respondent, Robert Martin Company, LLC, defendant second third-party defendant-respondent, Yonkers Lodging Partners, LLC, defendant second third-party defendant- respondent-appellant; Lea-Rome, Inc., third- party defendant-respondent-appellant. (Index No. 4117/10/0
| DECISION & ORDER ON MOTION |
Motion by Tritec Hospitality, LLC, to stay the trial in the above-entitled action pending hearing and determination of an appeal and cross appeals from an order of the Supreme Court, Dutchess County, dated December 18, 2015, in effect, to enlarge the time to perfect the appeal, and to dismiss the cross appeals as abandoned.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are to stay the trial and to dismiss the cross appeals as abandoned are denied; and it is further,
ORDERED that the branch of the motion which is, in effect, to enlarge the time to perfect the appeal is granted, the time of Tritec Hospitality, LLC, to perfect the appeal is enlarged until September 20, 2016, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the brief of Tritec Hospitality, LLC, must be served and filed on or before that date; and it is further,
ORDERED that Lea-Rome, Inc., shall serve and file its answering brief, including its points of argument on the cross appeal, on or before October 20, 2016 (see 22 NYCRR 670.8[c][3]); and it is further,
ORDERED that Yonkers Lodging Partners, LLC, shall serve and file its answering brief, including its points of argument on the cross appeal, on or before November 21, 2016 (see 22 NYCRR 670.8[c][3]).
CHAMBERS, J.P., DICKERSON, HALL and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court