Errico v City of New York
Motion No: 2006-02042
Slip Opinion No: 2006 NYSlipOp 71752(U)
Decided on July 7, 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

M41934

S/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

Appeal by the defendants from an interlocutory judgment of the Supreme Court, Queens County, entered February 28, 2006. By decision and order on motion dated March 21, 2006, this court stayed the damages trial in the above-entitled action on condition that the appeal was perfected on or before April 21, 2006. By decision and order on motion dated May 9, 2006, this court amended its prior decision and order on motion by giving the appellants until June 1, 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 March 21, 2006, is vacated forthwith.

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

ENTER:

James Edward Pelzer

Clerk of the Court