Appellate Division: Second Judicial Department

M70664

E/sl

ROBERT A. SPOLZINO, J.P.

JOSEPH COVELLO

THOMAS A. DICKERSON

RANDALL T. ENG, JJ.

2007-11531 Maureen Pellettiere, respondent. v Mark Pellettiere, appellant, (Index No. 202041/05)

DECISION & ORDER ON MOTION

Motion by the appellant to resettle a decision and order on motion of this court dated January 17, 2008, which denied his motion to stay enforcement of an order of the Supreme Court, Nassau County, dated October 2, 2007, pending hearing and determination of an appeal therefrom, to indicate that the sum of $2,500 paid by the appellant to the respondent as a condition of an order to show cause issued by this court on December 21, 2007, should be credited to the purge amount of $13,327.10 set forth in the order dated October 2, 2007.

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

ORDERED that the motion is granted, and the decision and order on motion dated January 17, 2008, is resettled by adding the following decretal paragraph thereto:

"ORDERED that the sum of $2,500 paid by the appellant to the respondent as a condition of an order to show cause issued by this court on December 21, 2007, shall be credited to the purge amount of $13,327.10 set forth in the order dated October 2, 2007."

SPOLZINO, J.P., COVELLO, DICKERSON and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court