Ellner v Schwed
Motion No: 2006-09877 +1
Slip Opinion No: 2007 NYSlipOp 68259(U)
Decided on April 27, 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

M53840

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, to amend so much of a decision and order on motion of this court dated March 13, 2007, as amended April 23, 2007, as conditioned a stay upon their perfection of the appeal on or before April 30, 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 it is further,

ORDERED that the decision and order on motion of this court dated March 13, 2007, as amended April 23, 2007, is amended by deleting from the decretal paragraphs thereof the date "April 30, 2007," and substituting therefor the date "May 31, 2007."

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

ENTER:

James Edward Pelzer

Clerk of the Court