Appellate Division: Second Judicial Department

M90777

E/sl

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

ANITA R. FLORIO

CHERYL E. CHAMBERS, JJ.

2008-08896 Jose R. San Martin, etc., et al., respondents, v Minako S. Wong, appellant. (Index No. 17167/06)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Queens County, entered August 18, 2008, in effect, for leave to reargue her prior motion to stay enforcement of the judgment, which was determined by decision and order on motion dated July 15, 2009. Separate motion by the appellant to vacate so much of the decision and order on motion dated July 15, 2009, as, inter alia, directed her to remove certain pages from the record on appeal and file a replacement brief that did not refer to the stricken material.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motions are denied; and it is further,

ORDERED that on the court's own motion, the decision and order on motion dated July 15, 2009, is amended by deleting from the first paragraph the date "August 15, 2009," and substituting therefor the date "September 29, 2009," so that on or before September 29, 2009, the appellant shall (1) remove pages 833 through 910 of the record on file with the Clerk of this court or file a replacement record which does not contain the above material and (2) serve and file a replacement brief which does not refer to the above material.

MASTRO, J.P., SKELOS, FLORIO and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court