DeWitt v DeWitt
Motion No: 2008-02359
Slip Opinion No: 2009 NYSlipOp 62940(U)
Decided on February 5, 2009
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

M82150

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

DANIEL D. ANGIOLILLO

ARIEL E. BELEN, JJ.

2008-02359

Everett DeWitt, appellant,

Antoinette DeWitt, etc., respondent.

(Index No. 13860-94)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated January 27, 2009, in the above-entitled matter, which denied a motion by the appellant, on an appeal from an order of the Supreme Court, Suffolk County, dated February 15, 2008, is amended by deleting from the first paragraph thereof the words "to stay the trial in the above-entitled action," and substituting therefor the words "to direct the New York State Comptroller to pay certain pension benefits to the appellant's attorney to be held in escrow."

FISHER, J.P., DILLON, ANGIOLILLO and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court