Chiarello v Alessandro
Motion No: 2006-08274
Slip Opinion No: 2007 NYSlipOp 63665(U)
Decided on February 23, 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

M51243

E/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

GABRIEL M. KRAUSMAN

RUTH C. BALKIN, JJ.

2006-08274

Thomas Chiarello, appellant, v

Carmine Alessandro, respondent.

(Index No. 11951-05)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated June 20, 2006, to recall and vacate a decision and order on motion of this court dated January 3, 2007, and separate motion by the appellant, inter alia, to stay the respondent from further encumbering the subject premises.

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

ORDERED that the motions are denied.

SCHMIDT, J.P., SANTUCCI, KRAUSMAN and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court