Colon v Bet Torah, Inc.
Motion No: 2008-07896
Slip Opinion No: 2008 NYSlipOp 87515(U)
Decided on October 28, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M77693

S/sl

WILLIAM F. MASTRO, J.P.

ROBERT A. LIFSON

EDWARD D. CARNI

RANDALL T. ENG, JJ.

2008-07896

Manuel Colon, respondent-appellant,

v Bet Torah, Inc., appellant-respondent,

J.H. Mack, LLC, respondent.

(Index No. 5921/06)

DECISION & ORDER ON APPLICATION

Application by the respondent-appellant, in effect, to amend a decision and order on motion of this court dated September 17, 2008, which granted a stay of the trial in the above-entitled action on condition that the appeal was perfected by October 17, 2008, and to continue the stay pending hearing and determination of the appeal.

Upon the papers filed in support of the application and upon the stipulation of the parties, it is

ORDERED that the application is granted and the decision and order on motion of this court dated September 17, 2008, is amended by deleting from the decretal paragraphs thereof the date "October 17, 2008," and substituting therefor the date "December 17, 2008"; and it is further,

ORDERED that no further extensions of the stay shall be granted.

MASTRO, J.P., LIFSON, CARNI and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court