Opinion
Motion No: 2011-08325 2012-02294 Index No. 9765/09 M135375
03-26-2012
James Munoz, et al., appellants-respondents, v. Lower Manhattan Development Corporation, et al., respondents-appellants. (Appeal No. 1) James Munoz, et al., respondents, v. Lower Manhattan Development Corporation, et al., appellants. (Appeal No. 2 )
, J.P.
ANITA R. FLORIO
RANDALL T. ENG
SHERI S. ROMAN, JJ.
DECISION & ORDER ON MOTION
Motion by Lower Manhattan Development Corporation and Bovis Lend Lease LMB, Inc., on an appeal and cross appeal from an order of the Supreme Court, Queens County dated July 15, 2011, and an appeal from an order of the same court dated February 8, 2012, to stay the trial in the above-entitled action, pending hearing and determination of the appeal from the order dated February 8, 2012, and to withdraw their cross appeal from the order dated July 15, 2011.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to stay the trial is denied; and it is further,
ORDERED that the branch of the motion which is to withdraw the cross appeal from the order dated July 15, 2011 (Appellate Division Docket No. 2011-08325), is granted, and the cross appeal is deemed withdrawn, without costs or disbursements.
SKELOS, J.P., FLORIO, ENG and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court