| Padilla v Sansivieri |
| Motion No: 2003-11063 |
| Slip Opinion No: 2006 NYSlipOp 73335(U) |
| Decided on August 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. |
Appellate Division: Second Judicial Department
M42966
S/sl
DAVID S. RITTER, J.P.
ROBERT A. SPOLZINO
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2003-11063 Fabian Padilla, etc., et al., plaintiffs, v Linda C. Sansivieri, et al., defendants; Christopher S. Olson, nonparty appellant- respondent; George R. Bissel, as Executor of the Estate of Robert F. Malerba, nonparty respondent-appellant. (Index No. 21533/94)
| DECISION & ORDER ON MOTION |
Motion by the nonparty appellant-respondent on an appeal from an order and judgment (one paper) of the Supreme Court, Queens County, entered October 27, 2003, which was determined by opinion and order of this court dated May 9, 2006, to direct the surety, International Fidelity Insurance Company, to cancel the appeal bond posted in connection with the above-entitled appeal and to release to the nonparty appellant-respondent any monies deposited with the surety to secure the bond.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the surety, International Fidelity Insurance Company, is directed to cancel the appeal bond and to release to the nonparty appellant-respondent any monies deposited with the surety to secure the bond.
RITTER, J.P., SPOLZINO, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court