NYCTL 2005-A Trust v 2137-2153 Nostrand Avenue Ass
Motion No: 2009-00660
Slip Opinion No: 2009 NYSlipOp 67282(U)
Decided on March 23, 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

M84205

J/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

JOSEPH COVELLO

RANDALL T. ENG, JJ.

2009-00660

NYCTL 2005-A Trust, et al., plaintiffs-

respondents, v 2137-2153 Nostrand Avenue

Associates, L.P., defendant-respondent, et al.,

defendants; BHNWN Nostrand, LLC,

nonparty-appellant.

(Index No. 14834/06)

DECISION & ORDER ON APPLICATION

Application by the nonparty-appellant on an appeal from an order of the Supreme Court, Kings County, dated December 16, 2008, to amend a decision and order on motion of this court dated February 19, 2009, which conditioned a stay upon the perfection of the appeal on or before March 23, 2009.

Upon the papers filed in support of the application and the no papers having been filed in opposition thereto, it is

ORDERED that the application is granted, and the decision and order on motion dated February 19, 2009, is amended by deleting from the decretal paragraphs thereof the date "March 23, 2009", and substituting therefor the date "April 1, 2009".

MASTRO, J.P., RIVERA, COVELLO and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court