Behrends v White Acre Acquisitions, LLC
Motion No: 2007-05027
Slip Opinion No: 2007 NYSlipOp 74857(U)
Decided on August 3, 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

M58018

E/sl

HOWARD MILLER, J.P.

FRED T. SANTUCCI

STEVEN W. FISHER

DANIEL D. ANGIOLILLO, JJ.

2007-05027

Jon Behrends, et al., respondents,

v White Acre Acquisitions, LLC., appellant.

(Index No. 6914/06)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Dutchess County, dated May 1, 2007, in effect, to amend so much of a decision and order on motion of this court dated June 29, 2007, as conditioned an injunction enjoining the respondents from vacating certain lis pendens filed against the subject premises upon its posting of an undertaking in the sum of $5,000,000 on or before July 13, 2007.

Upon the papers filed in support of the motion and papers filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the decision and order on motion of this court dated June 29, 2007, is amended by deleting from the decretal paragraphs thereof the date "July 13, 2007," and substituting therefor the date "August 10, 2007."

MILLER, J.P., SANTUCCI, FISHER and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court