In the Matter of the Application of L & M Bus Corp.

Motion No: M-3679

Slip Opinion No: 2018 NYSlipOp 82459(U)

Decided on September 6, 2018

Appellate Division, First 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.

September 6, 2018

In the Matter of the Application of

L & M Bus Corp., et al.,

Petitioners-Respondents-Appellants,

For a Judgment Pursuant to Article 78

of the Civil Practice Law and Rules, v

The New York City Department of

Education, et al.,

Respondents-Appellants-Defendants.

An appeal and cross appeal having been taken from an order

of the Supreme Court, New York County, entered on or about

June 14, 2018, and said appeal and cross appeal having been perfected, And defendants-respondents-appellants having moved, pursuant to CPLR 5521(a), for a calendar preference in hearing of the appeal and cross appeal, to calendar argument for the next available date in the October 2018 Term, and for an expedited decision on the instant motion, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,It is ordered that the motion is granted to the extent of adjourning the perfected appeal to the first two weeks of the November 2018 Term. ENTERED: September 6, 2018

_____________________ CLERK

PRESENT: Hon. David Friedman, Justice Presiding, Barbara R. Kapnick Marcy L. Kahn Ellen Gesmer Cynthia S. Kern, Justices

M-3679

Index No. 152673/18