Pearson v Parkside Limited Liability Company
Motion No: 2006-10454
Slip Opinion No: 2007 NYSlipOp 60158(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

M48954

E/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2006-10454

Brenda Pearson, plaintiff, v Parkside Limited

Liability Company, defendant, Marshall Weinerman

Real Estate, Inc., defendant third-party plaintiff-

appellant; Re-Anna, Inc., d/b/a Curves for Women,

third-party defendant-respondent, et al., third-party

defendant.

(Index No. 01-16410)

DECISION & ORDER ON MOTION

Motion by the defendant third-party plaintiff-appellant on an appeal from an order of the Supreme Court, Westchester County, entered October 10, 2006, in effect, to amend so much of a decision and order on motion of this court dated November 28, 2006, as conditioned a stay of the trial upon its perfection of the appeal on or before December 27, 2006.

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

ORDERED that the motion is denied as academic as the appeal was perfected on December 26, 2006.

MILLER, J.P., CRANE, LIFSON and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court