Appellate Division: Second Judicial Department

M70586

S/cb

DAVID S. RITTER, J.P.

ANITA R. FLORIO

EDWARD D. CARNI

JOHN M. LEVENTHAL, JJ.

2007-00208 Johnny's Plumbing & Heating, Inc., appellant, v Garson Brothers Construction, LLC, et al., respondents. (Index No. 05-02818)

DECISION & ORDER ON MOTION

Appeal by Johnny's Plumbing & Heating, Inc., from a judgment of the Supreme Court, Westchester County, entered November 16, 2006. By decision, order and judgment on motion dated February 20, 2008, the court reporter, Pat Mckay, was adjudged to be in criminal contempt of court by reason of having willfully failed to comply with the lawful mandate of this court that on or before November 13, 2007, he serve upon the attorney for the appellant copies of the transcripts of the trial proceedings of the above-entitled action, and was sentenced to a term of 30 days imprisonment, and was fined the sum of $250. The attorney for the appellant has advised the court that Pat Mckay has now provided him with all missing transcripts.

Now, on the court's own motion, it is

ORDERED that so much of the decision, order, and judgment on motion of this court dated February 8, 2008, as imposed a sentence of imprisonment and a fine of $250 upon the court reporter, Pat McKay, is vacated; and it is further,

ORDERED that the decision, order, and judgment on motion of this court dated February 8, 2008, is amended by (1) deleting the fourth decretal paragraph thereof and (2) deleting therefrom the fifth and sixth decretal paragraphs.

RITTER, J.P., FLORIO, CARNI and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court