| Gallagher v Roman |
| Motion No: 2005-04181 |
| Slip Opinion No: 2007 NYSlipOp 73466(U) |
| Decided on July 11, 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
M56833
S/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 to resettle a decision and order of this court dated January 16, 2007, which dismissed an appeal from an order of the Supreme Court, Westchester County, dated March 28, 2005, to award them costs on the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted and the decision and order dated January 16, 2007, is resettled by deleting from the decretal paragraph thereof the words "without costs or disbursements," and substituting therefor the words "with costs to the respondents."
MILLER, J.P., SCHMIDT, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court