Appellate Division: Second Judicial Department

M35286

T/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2005-09169 Mortgage Electronic Registration Systems, Inc., etc., respondent, v Magline Richberg, appellant, et al., defendants. (Index No. 17812/04)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, dated August 18, 2005, in effect, to amend so much of a decision and order on motion of this court dated November 9, 2005, as conditioned a stay upon her perfection of the appeal on or before January 9, 2006.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the decision and order on motion of this court dated November 9, 2005, is amended by deleting from the decretal paragraphs thereof the date "January 9, 2006," and substituting therefor the date "March 15, 2006," and deleting from the second decretal paragraph thereof the words "the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice," and substituting therefor the words "the stay will be vacated."

COZIER, J.P., RITTER, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court