Everly D. Brown, Inc. v City of New York
Motion No: 2005-12004
Slip Opinion No: 2006 NYSlipOp 68560(U)
Decided on May 5, 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

M39282

S/sl

ANITA R. FLORIO, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

JOSEPH COVELLO, JJ.

2005-12004

Everly D. Brown, Inc., appellant-respondent,

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

(Index No. 14003/00)

DECISION & ORDER ON MOTION

Appeal and cross appeal from an order of the Supreme Court, Queens County, dated November 9, 2005. By decision and order on motion dated January 11, 2006, this court stayed the trial in the above-entitled action on condition that the appeal was perfected on or before February 14, 2006. By decision and order on motion dated March 14, 2006, this court amended its prior decision and order on motion by giving the appellant-respondent until April 14, 2006, to perfect the appeal. The appeal has not been perfected.

Now, on the court's own motion, it is

ORDERED that the stay granted by decision and order on motion of this court dated January 11, 2006, is vacated forthwith.

FLORIO, J.P., RITTER, GOLDSTEIN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court