Healy v Carmel Bowl, Inc.
Motion No: 2008-06144
Slip Opinion No: 2008 NYSlipOp 88986(U)
Decided on November 13, 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

M78490

E/sl

WILLIAM F. MASTRO, J.P.

ROBERT A. LIFSON

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2008-06144

Donna Healy, respondent, v Carmel Bowl, Inc.,

respondent-appellant, Done-Right Bowling

Service Co., Inc., appellant-respondent.

(Index No. 1713/03)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent on an appeal and cross appeal from a judgment of the Supreme Court, Putnam County, dated June 16, 2008, in effect, to amend so much of a decision and order on motion of this court dated August 22, 2008, as amended by a decision and order on motion of this court dated October 16, 2008, as stayed a trial on the issue of damages in the above-entitled action, upon the perfection of the appeal on or before October 24, 2008.

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 it is further,

ORDERED that the decision and order on motion dated August 22, 2008, as amended, is amended by deleting from the decretal paragraphs thereof the date "October 24, 2008," and substituting therefor the date "December 12, 2008"; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court