Appellate Division: Second Judicial Department

M96220

J/sl

REINALDO E. RIVERA, J.P.

HOWARD MILLER

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2009-10741 Lucy L. Klingenstein, respondent, v 3889 Purchase Street Associates, LLC, appellant. (Index No. 09-14884)

DECISION & ORDER ON APPLICATION

Joint application by the appellant and the respondent on an appeal from an order of the Supreme Court, Westchester County, dated November 9, 2009, to amend a decision and order on motion of this court dated December 4, 2009, which stayed enforcement of certain portions of the judgment upon certain conditions.

Upon the papers filed in support of the application, and no papers having been filed in opposition or in relation there to, it is

ORDERED that the application is granted; and it is further,

ORDERED that the decision and order on motion of this court dated December 4, 2009, is amended by (A) adding to the first decretal paragraph the words "except that the following vegetation is not subject to the trimming and removal requirement: one 70 inch diameter Willow tree, one 10 inch diameter White Birch, one Quad 6 inch diameter Magnolia bush, and three 4 inch diameter Dogwood trees" following condition (1)(b) and the words "except that the following vegetation is not subject to the trimming requirement: one 70 inch diameter Willow tree, one 10 inch diameter White Birch, one Quad 6 inch diameter Magnolia bush, and three 4 inch diameter Dogwood trees" following condition (2), and (B) by deleting from the first decretal paragraph thereof the date "January 4, 2010"and substituting therefor the date "March 4, 2010".

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

ENTER:

James Edward Pelzer

Clerk of the Court