Appellate Division: Second Judicial Department

M52941

E/sl

A. GAIL PRUDENTI, P.J.

GLORIA GOLDSTEIN

ANITA R. FLORIO

ROBERT J. LUNN, JJ.

2006-08334 Powerhouse Construction, Inc., plaintiff, v Richard Samuel, et al., defendants. (Index No. 54867/00)

DECISION & ORDER ON MOTION

Motion by the defendants, in effect, for leave to resettle a decision and order on motion of this court dated January 24, 2007, which, inter alia, denied the defendants' motion for leave to reargue their motion for leave to appeal to this court from (1) an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated May 16, 2006, which affirmed an order of the Civil Court, Kings County, entered April 6, 2005, and (2) an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated August 2, 2006, which denied their motion to reargue or for leave to appeal to the Appellate Division, which was determined by decision and order on motion dated October 2, 2006, as amended October 17, 2006.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted to the extent that the order dated January 24, 2007, is amended by deleting from the first decretal paragraph thereof the words "entered April 6, 2005," and substituting therefor the words "dated May 16, 2006," and the motion is otherwise denied.

PRUDENTI, P.J., GOLDSTEIN, FLORIO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court