Opinion
Motion No: M-6414
02-14-2019
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it is Ordered that defendants-appellant's motion (M-6414) is granted and the appeal in Calendar No. 2018-4033 is deemed withdrawn pursuant to the correspondence from defendants-appellants' counsel dated November 20, 2018, and it is further Ordered that plaintiff-intervenor's motion to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