| Errico v City of New York |
| Motion No: 2006-02042 |
| Slip Opinion No: 2006 NYSlipOp 75620(U) |
| Decided on September 14, 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
M44490
E/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 appellants on an appeal from an interlocutory judgment of the Supreme Court, Queens County, entered February 28, 2006, in effect, to recall and vacate a decision and order on motion of this court dated July 6, 2006, which recalled and vacated a decision and order on motion of this court dated March 21, 2006, as amended by a decision and order on motion of this court dated May 9, 2006, staying the damages trial in the above-entitled action on condition that the appeal was perfected on or before June 21, 2006, and, in effect, to amend that portion of the decision and order on motion of this court dated March 21, 2006, as amended by the decision and order on motion of this court dated May 9, 2006, as stayed the damages trial in the above-entitled action on condition that the appeal was perfected on or before June 21, 2006, and to enlarge the time to perfect the appeal.
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 motion is granted; and it is further,
ORDERED that the decision and order on motion dated July 6, 2006, is recalled and vacated, and the decision and order on motion of this court dated March 21, 2006, as amended by the decision and order on motion of this court dated May 9, 2006, is reinstated; 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 "June 21, 2006," and substituting therefor the date "October 16, 2006"; and it is further,
ORDERED that the appellants' time to perfect the appeal is enlarged until October 16, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
FLORIO, J.P., MILLER, ADAMS and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court