Chiarello v Alessandro
Motion No: 2006-08274
Slip Opinion No: 2007 NYSlipOp 60138(U)
Decided on January 3, 2007
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

M48520

E/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

DAVID S. RITTER

ROBERT A. LIFSON, JJ.

2006-08274

Thomas Chiarello, appellant, v

Carmine Alessandro, respondent.

(Index No. 11951-05)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Suffolk County, dated June 20, 2006, inter alia, to vacate a stay which was granted by decision and order on motion of this court dated October 25, 2006, on the ground that the appellant has not complied with certain provisions of the decision and order on motion dated October 25, 2006.

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 to the extent that on or before January 16, 2007, the appellant shall reissue the rent check for the month of November 2006 and make the check payable to the respondent, personally, and make all checks for subsequent months payable to the respondent, personally, and the motion is otherwise denied.

PRUDENTI, P.J., MASTRO, RITTER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court