| Merget v Westbury Properties, LLC |
| Motion No: 2007-09349 |
| Slip Opinion No: 2008 NYSlipOp 79743(U) |
| Decided on August 11, 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. |
Appellate Division: Second Judicial Department
M74322
E/sl
HOWARD MILLER, J.P.
MARK C. DILLON
RUTH C. BALKIN
CHERYL E. CHAMBERS, JJ.
|
2007-09349 Barbara Merget, et al., appellants, v Westbury Properties, LLC, et al., respondents. (Index No. 10359-05)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from a judgment of the Supreme Court, Suffolk County, entered April 29, 2008, to recall and vacate so much of a decision and order on motion of this court dated May 15, 2008, as conditioned an injunction upon their posting of an undertaking in the sum of $12,000 on or before June 11, 2008.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the decision and order on motion dated May 15, 2008, is amended by deleting from the decretal paragraphs thereof the date "June 11, 2008," and substituting therefor the date "August 25, 2008," so that the appellants' time to post the undertaking as a condition of the injunction is extended until August 25, 2008.
MILLER, J.P., DILLON, BALKIN and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court