| Toobe v Scarlato |
| Motion No: 2007-03533 |
| Slip Opinion No: 2007 NYSlipOp 72576(U) |
| Decided on June 26, 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. |
Appellate Division: Second Judicial Department
M56435
S/sl
HOWARD MILLER, J.P.
WILLIAM F. MASTRO
MARK C. DILLON
WILLIAM E. McCARTHY, JJ.
|
2007-03533 Meytal Toobe, appellant, v Theresa Scarlato, respondent. (Index No. 13566/06)
| DECISION & ORDER ON APPLICATION |
Appeal by the plaintiff from an order and judgment (one paper) of the Supreme Court, Queens County, dated February 26, 2007. By decision and order on motion dated May 17, 2007, the appellant's motion to stay release of the down payment held in escrow by Sheldon H. Kronen, Esq., was granted on condition that the appeal was perfected on or before June 18, 2007. Application by the respondent, in effect, to amend the decision and order on motion of this court dated May 17, 2007, by extending the appellant's time to perfect the appeal, on the ground that the appellant's attorney is ill.
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 dated May 17, 2007, is amended by deleting from the decretal paragraphs thereof the date "June 18, 2007," and substituting therefor the date "August 15, 2007".
MILLER, J.P., MASTRO, DILLON and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court