Little Cherry LLC v Cherry Street Owner LLC and JDS Development LLC.

Motion No: M-6414

Slip Opinion No: 2019 NYSlipOp 63135(U)

Decided on February 14, 2019

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.

February 14, 2019

Little Cherry, LLC,

Plaintiff-Respondent,

v

Cherry Street Owner LLC and JDS Development LLC, Defendants-Appellants.

Defendants-appellants having taken separate appeals from orders of the Supreme Court, New York County, both entered on or about October 2, 2018 (Calendar Nos. 2018-4033 and 2018-4192),And plaintiff-intervenor, New York Community Bank, having moved for an order dismissing the appeals for failure to designate it as a necessary party respondent, or in the alternative, for leave to intervene as a respondent on the appeals (M-5912, M-5913), And defendants-appellants having moved to withdraw the appeal in Calendar No. 2018-4033 (M-6414),Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, it is Ordered that defendants-appellant's motion (M-6414) is granted and the appeal in Calendar No. 2018-4033 is deemed withdrawn pursuant to the correspondence from defendants-appellants' counsel dated November 20, 2018, and it is further Ordered that plaintiff-intervenor's motion to dismiss the appeal in Calendar No. 2018-4033, or in the alternative, for leave to intervene as a respondent on the appeal (M-5912), is denied as academic, and it is further Ordered that plaintiff-intervenor's motion to dismiss the appeal in Calendar No. 2018-4192, or in the alternative, for leave to intervene as a respondent on the appeal (M-5913), is granted to the extent of granting plaintiff-intervenor leave to intervene as a respondent on the appeal. The perfected appeal is adjourned to the May 2019 Term. Plaintiff-intervenor is directed to file its respondent's brief on or before March 20, 2019 for said May 2019 Term. ENTERED: February 14, 2019

_____________________ CLERK

Present - Hon. Rolando T. Acosta,Presiding Justice,John W. Sweeny, Jr. Sallie Manzanet-Daniels Judith J. Gische Barbara R. Kapnick,Justices

M-6414

M-5913

M-5912

Index No. 654136/16