Appellate Division: Second Judicial Department

M51725

E/sl

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2005-04181 Stephanie Gallagher, et al., respondents, v Rafael V. Roman, defendant, Julio Reyes, appellant. (Index No. 03-14354)

DECISION & ORDER ON MOTION

Motion by the respondents for leave to resettle a decision and order of this court dated January 16, 2007, which determined an appeal from an order of the Supreme Court, Westchester County, dated March 28, 2005, to award costs on the appeal. Cross motion by William T. Barbera, former counsel for the appellant, to hold the motion in abeyance for a period of 90 days to allow the appellant to submit opposition, and to impose a sanction upon the respondents pursuant to 22 NYCRR 130-1.1(3).

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

ORDERED that the branch of the cross motion which is to hold the motion in abeyance for a period of 90 days is granted to the extent that the appellant's time to submit opposition to the motion is extended until April 23, 2007, and the appellant shall submit his opposition to the motion, if any, on or before that date, and that branch of the cross motion is otherwise denied; and it is further,

ORDERED that William T. Barbera shall serve a copy of this decision and order upon his former client on or before March 22, 2007, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,

ORDERED that the cross motion is otherwise denied; and it is further,

ORDERED that the motion is held in abeyance in the interim.

MILLER, J.P., SCHMIDT, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court