Ellner v Schwed
Motion No: 2006-09877 +1
Slip Opinion No: 2007 NYSlipOp 67890(U)
Decided on April 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

M53622

S/sl

ROBERT A. SPOLZINO, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

WILLIAM E. McCARTHY, JJ.

2006-09877, 2007-01377

Harvey Ellner, et al., appellants,

v Nathan Schwed, et al., respondents.

(Index No. 11641/02)

DECISION & ORDER ON APPLICATION

Application by the appellants on appeals from two orders of the Supreme Court, Nassau County, dated September 5, 2006, and January 24, 2007, respectively, in effect, to amend a decision and order on motion of this court dated March 13, 2007, which stayed the trial in the above-entitled action on condition that the appeals were perfected on or before April 13, 2007.

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

ORDERED that the application is granted, and the decision and order on motion of this court dated March 13, 2007, is amended by deleting from the first and second decretal paragraphs thereof the date "April 13, 2007", and substituting therefor the date "April 30, 2007".

SPOLZINO, J.P., GOLDSTEIN, FISHER and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court