Errico v City of New York
Motion No: 2006-02042
Slip Opinion No: 2006 NYSlipOp 68427(U)
Decided on May 9, 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 is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M39435

T/sl

ANITA R. FLORIO, J.P.

HOWARD MILLER

THOMAS A. ADAMS

PETER B. SKELOS, JJ.

2006-02042

Carmella Errico, etc., et al., respondents,

v City of New York, et al., appellants.

(Index No. 15417/97)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an interlocutory judgment of the Supreme Court, Queens County, entered February 28, 2006, in effect, to amend so much of a prior decision and order on motion of this court dated March 21, 2006, as conditioned a stay of the damages trial in the above-entitled action upon perfection of the appeal by April 21, 2006.

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 it is further,

ORDERED that the decision and order on motion of this court dated March 21, 2006, is amended by deleting from the first and second decretal paragraphs thereof the date "April 21, 2006," and substituting therefor the date "June 21, 2006."

FLORIO, J.P., MILLER, ADAMS and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court