| Monaco v Meerendonk |
| Motion No: 2005-07297 |
| Slip Opinion No: 2008 NYSlipOp 86531(U) |
| Decided on October 17, 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
M77257
S/sl
REINALDO E. RIVERA, J.P.
PETER B. SKELOS
STEVEN W. FISHER
RUTH C. BALKIN, JJ.
|
2005-07297 Domenico Monaco, appellant, et al., plaintiff, v Benjamin Van Meerendonk, et al., respondents.
(Index No. 7774/90)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated October 15, 2008, in the above-entitled matter, which granted the appellant's motion, inter alia, to reinstate an appeal from an order of the Supreme Court, Kings County, dated August 10, 2005, is amended by deleting the fourth decretal paragraph thereof and substituting therefor the following decretal paragraph:
"ORDERED that on or before November 14, 2008, the parties shall each file all trial exhibits in their possession with the Clerk of this court; in the event that any of the original exhibits cannot be found, the appellant may either move for leave to perfect the appeal without the missing exhibits or for a reconstruction hearing; and it is further,"
RIVERA, J.P., SKELOS, FISHER and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court