Appellate Division: Second Judicial Department

M49861

E/sl

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2006-10952 Ellen Portanova, plaintiff-respondent, v Angelo Kantlis, et al., appellants, New York City Off Track Betting Corporation, defendant-respondent (and a third-party action). (Index No. 19194/04)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Queens County, dated September 8, 2006, in effect, to amend so much of a decision and order on motion of this court dated December 11, 2006, as conditioned a stay of the trial in the above-entitled action upon their perfection of the appeal on or before January 10, 2007, and cross motion by the plaintiff-respondent to vacate the stay on the ground that the appeal was not perfected on or before January 10, 2007.

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

ORDERED that the motion is granted; and it is further,

ORDERED that the decision and order on motion of this court dated December 11, 2006, is amended by deleting from the decretal paragraphs thereof the date "January 10, 2007", and substituting therefor the date "January 12, 2007"; and it is further,

ORDERED that the cross motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court