Schwimmer v Rubinstein
Motion No: 2006-03597
Slip Opinion No: 2006 NYSlipOp 76764(U)
Decided on September 28, 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

M45118

S/sl

THOMAS A. ADAMS, J.P.

PETER B. SKELOS

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2006-03597

Chana Schwimmer, et al., respondents,

v Avigdor Rubinstein, et al., appellants.

(Index No. 05-20105)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated September 15, 2006, as amended September 21, 2006, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellants on an appeal from an order of the Supreme Court, Kings County, dated February 22, 2006, to modify a preliminary injunction granted by the Supreme Court, Westchester County on June 30, 2005.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

ADAMS, J.P., SKELOS, FISHER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court