Estate of Frank A. Toman v Natasha Harvey
Motion No: 2008-02237 DC
Slip Opinion No: 2009 NY Slip Op 82221(U)
Decided on August 27, 2009
Appellate Term, 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 TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT : NICOLAI, P.J., TANENBAUM and MOLIA, JJ.

NO. 2008-2237 D C
ESTATE OF FRANK A. TOMAN,

Respondent,

-against-

NATASHA HARVEY,

Appellant.

DECISION

On the court's own motion, the order of this court dated August 17, 2009 is recalled and vacated and the following substituted therefor:

That branch of the motion by petitioner-respondent seeking to vacate the stay is granted.

That branch of the motion by petitioner-respondent seeking to dismiss the appeal for lack of prosecution is granted.