Toussaint v Salvadeo
Motion No: 2005-10563
Slip Opinion No: 2006 NYSlipOp 60103(U)
Decided on January 3, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and subject to revision before publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34323

T/sl

PETER B. SKELOS, J.P.

STEVEN W. FISHER

MARK C. DILLON

JOSEPH COVELLO, JJ.

2005-10563

Nemirel Toussaint, appellant, v

Louis Salvadeo, et al., defendants,

Immorold Charles, respondent.

(Index No. 5567/03)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Rockland County, dated September 28, 2005, to amend the notice of appeal to reflect that Nemirel Toussaint and not Rudolph Ali is the proper appellant.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the motion is granted, and the notice of appeal is deemed amended (see CPLR 2001; Matter of Tagliaferri v Weiler, 1 NY3d 605).

SKELOS, J.P., FISHER, DILLON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court