Sanz v MTA-Long Island Bus
Motion No: 2006-05691
Slip Opinion No: 2007 NYSlipOp 87694(U)
Decided on December 31, 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

M64371

J/sl

FRED T. SANTUCCI, J.P.

GABRIEL M. KRAUSMAN

ANITA R. FLORIO

ROBERT A. LIFSON, JJ.

2006-05691

Tracey Sanz, respondent,

v MTA-Long Island Bus, appellant.

(Index No. 19585/02)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Nassau County, dated May 16, 2006, pursuant to CPLR 5019(a), to correct any judgment that may be affirmed, to reflect that the interest rate against the appellant be set at 4% in accordance with Public Authorities Law § 1276(5), or, in the alternative, for leave to amend the appellant's brief to include a request that the interest rate be set at 4%.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the branch of the motion which was to correct any judgment that may be affirmed to reflect that the interest rate against the appellant be set at 4% is denied without prejudice to seeking relief in the Supreme Court, Nassau County; and it is further,

ORDERED that the branch of the motion which is for leave to amend the appellant's brief is denied.

SANTUCCI, J.P., KRAUSMAN, FLORIO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court