Berenberg v Clearview Gardens First Corporation
Motion No: 2007-11702
Slip Opinion No: 2008 NYSlipOp 92548(U)
Decided on December 19, 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

M80173

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2007-11702

Zelda Berenberg, respondent, v Clearview

Gardens First Corporation, et al., defendants,

DCD Interactive Marketing, LLC, appellant.

(Index No. 37644/04)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that so much of the decision and order on motion of this court etntitled "In the Matter of Dismissal of Causes for Failure to Perfect - November 208 Calendar," dated December 8, 2008, as dismissed the above entitled appeal from an order of the Supreme Court, Kings County, dated October 1, 2007, is recalled and vacated, and the appeal is reinstated.

PRUDENTI, P.J., MASTRO, RIVERA, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court