Appellate Division: Second Judicial Department

M89958

S/sl

REINALDO E. RIVERA, J.P.

JOSEPH COVELLO

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2007-00029, 2007-00030, 2007-00031 Debcon Financial Services, Inc., plaintiff, v 83-17 Broadway Corp., appellant, et al., defendant; Brett Morgan, LLC, nonparty-respondent. (Action No. 1) (Index No. 9555/98) Debcon Financial Services, Inc., plaintiff, v 83-17 Broadway Corp., appellant, Demetra Sirica, et al., defendants; Joseph Noormand, et al., nonparty-respondents. (Action No. 2) (Index No. 21257/98)

DECISION & ORDER ON MOTION

Motion by the nonparty-respondent Joseph Noormand on appeals from three orders of the Supreme Court, Queens County, all entered November 22, 2006, which were determined by decision and order of this court dated April 14, 2009, to reargue the appeals to the extent that the decision and order of this court directed that he pay costs.

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 upon reargument, the decision and order dated April 14, 2009, is amended by:

(1) deleting the fourth decretal paragraph thereof;

(2) adding to the first decretal paragraph thereof after the words "dismissed as abandoned" the words ",without costs or disbursements";

(3) adding to the second decretal paragraph thereof after the words "insofar as appealed from" the words ",without costs or disbursements";

(4) adding to the third decretal paragraph thereof after the words "for further proceedings" the words ",without costs or disbursements.", and

(5) by deleting from the third decretal paragraph thereof the words ";and it is further,".

RIVERA, J.P., COVELLO, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court