Stein v Einhorn
Motion No: 2004-06815
Slip Opinion No: 2007 NYSlipOp 61347(U)
Decided on January 18, 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

M48956

E/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

DAVID S. RITTER

PETER B. SKELOS, JJ.

2004-06815

Herbert J. Stein, etc., respondent, v

Jeffrey Einhorn, et al., appellants.

(Index No. 19932-01)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from a judgment of the Supreme Court, Suffolk County, entered July 14, 2004, which was determined by decision and order of this court dated April 25, 2006, reversing the said judgment, to direct the County Clerk of Suffolk County to cancel the judgment of record and to discharge the surety on an appeal bond filed August 31, 2004, securing said judgment.

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

ORDERED that the motion is granted, with $100 costs, and the County Clerk of Suffolk County is directed to cancel the judgment and discharge the surety on the appeal bond of record.

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

ENTER:

James Edward Pelzer

Clerk of the Court