Malakov v Borukhova
Motion No: 2007-09155
Slip Opinion No: 2007 NYSlipOp 82264(U)
Decided on October 29, 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

M61675

S/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

FRED T. SANTUCCI

RUTH C. BALKIN, JJ.

2007-09155

Daniel Malakov, plaintiff,

v Mazoltuv Borukhova, defendant.

(Index No. 10244/05)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated October 18, 2007, in the above-entitled action is amended by adding thereto after the last word of the second decretal paragraph the following:

"and it is further,

ORDERED that the appeal purportedly our taken as of right is dismissed, without costs or disbursements."

MILLER, J.P., RITTER, SANTUCCI and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court