Option One Mortgage Corporation v Berenholtz
Motion No: 2008-10026
Slip Opinion No: 2010 NY Slip Op 62265(U)
Decided on February 1, 2010
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

M98048

T/sl

WILLIAM F. MASTRO, J.P.

HOWARD MILLER

DANIEL D. ANGIOLILLO

LEONARD B. AUSTIN, JJ.

2008-10026, 2009-04808, 2009-04809

Option One Mortgage Corporation, respondent,

v Gary Berenholtz, et al., appellants.

(Ind. No. 11307/07)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated December 28, 2009, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellants on appeals from two orders of the Supreme Court, Nassau County, entered August 26,2008, and April 14, 2009, respectively, and a judgment of the same court dated April 15, 2009, for leave to reargue their prior motion to stay the foreclosure sale of the subject premises pending hearing and determination of the appeal.

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

ORDERED that the motion is denied.

MASTRO, MILLER, ANGIOLILLO and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court