Blue Chip Mortgage Corp. v Strumpf
Motion No: 2007-08327
Slip Opinion No: 2008 NYSlipOp 66851(U)
Decided on March 19, 2008
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

M67817

S/sl

REINALDO E. RIVERA, J.P.

ROBERT A. LIFSON

DANIEL D. ANGIOLILLO

RUTH C. BALKIN, JJ.

2007-08327, 2007-09354, 2007-09356

Blue Chip Mortgage Corp., appellant-respondent,

v Linda Strumpf, respondent-appellant.

(Appeal No. 1)

Blue Chip Mortgage Corp., appellant,

v Linda Strumpf, respondent.

(Appeal Nos. 2 & 3)

(Index No. 14958/04)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated February 11, 2008, in the above-entitled appeals is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by Linda Strumpf on an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated June 19, 2007, and appeals from a judgment of the same court entered July 9, 2007, and an amended order of the same court dated July 27, 2005, respectively, in effect, to dismiss the appeal from the judgment entered July 9, 2007, on the ground that the issues raised on that appeal are barred by the doctrine of Bray v Cox (38 NY2d 350).

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

ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

RIVERA, J.P., LIFSON, ANGIOLILLO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court