Berkeley Terrace Apartment Company, L.P. v Berkeley Ac
Motion No: 2008-09782
Slip Opinion No: 2010 NY Slip Op 63551(U)
Decided on February 18, 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

M98700

J/sl

A. GAIL PRUDENTI, P.J.

STEVEN W. FISHER

HOWARD MILLER

RUTH C. BALKIN, JJ.

2008-09782

Berkeley Terrace Apartment Company, L.P.,

appellant, v Berkeley Acquisitions, LLC, et al.,

respondents.

(Index No. 43820/07)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated January 29, 2010, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the nonparty Sadis & Goldberg, LLP, on an appeal from an order of the Supreme Court, Kings County, dated September 2, 2008, for leave to reargue a decision and order on motion of this court dated September 24, 2009, which imposed a sanction upon it in the sum of $500, or for leave to appeal to the Court of Appeals from the decision and order on motion of this court.

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

ORDERED that the motion is denied.

PRUDENTI, P.J., FISHER, MILLER and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court