Makara v Makara
Motion No: 2008-11426
Slip Opinion No: 2009 NY Slip Op 70253(U)
Decided on April 22, 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

M85599

S/cb

A. GAIL PRUDENTI, P.J.

STEVEN W. FISHER

HOWARD MILLER

RUTH C. BALKIN, JJ.

2008-11426, 2008-11427

Timothy Makara, plaintiff-respondent,

v Kelly Makara, defendant-appellant;

Karen Khan, nonparty-appellant;

Raylene Shayo, nonparty-respondent.

(Index No. 7305/06)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated April 17, 2009, in the above-entitled case on appeals by Kelly Makara and Karen Khan from an order of the Supreme Court, Dutchess County, dated December 3, 2008, and an order and judgment (one paper) of the same court dated December 12, 2008, respectively, which vacated a stay granted by decision and order on motion of this court dated January 8, 2009, is recalled and vacated, and the stay granted by decision and order on motion dated January 8, 2009, is reinstated nunc pro tunc.

PRUDENTI, P.J., FISHER, MILLER and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court