| Aylward v Akscin |
| Motion No: 2006-11277 |
| Slip Opinion No: 2008 NYSlipOp 83524(U) |
| Decided on September 18, 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
M76002
S/sl
PETER B. SKELOS, J.P.
DANIEL D. ANGIOLILLO
JOHN M. LEVENTHAL
ARIEL E. BELEN, JJ.
|
2006-11277 William Aylward, respondent-appellant, v Raymond J. Akscin, appellant-respondent. (Index No. 21965-02)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated September 12, 2008, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the respondent-appellant to hold in abeyance an appeal and cross-appeal from an order of the Supreme Court, Suffolk County, dated September 22, 2006, pending final approval of a settlement.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted to the extent that the appeal is held in abeyance until December 1, 2008, and the motion is otherwise denied without prejudice to making further motions for this relief.
SKELOS, J.P., ANGIOLILLO, LEVENTHAL and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court