| Suffolk Anesthesiology Associates, P.C. v Verdone |
| Motion No: 2010-03397 |
| Slip Opinion No: 2010 NY Slip Op 70899(U) |
| Decided on May 10, 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. |
Appellate Division: Second Judicial Department
M102464
E/sl
REINALDO E. RIVERA, J.P.
STEVEN W. FISHER
ANITA R. FLORIO
LEONARD B. AUSTIN, JJ.
|
2010-03397 Suffolk Anesthesiology Associates, P.C., etc., et al., appellants, v Matthew J. Verdone, etc., respondent. (Index No. 37932-08)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, in effect, to recall and vacate so much of a decision and order on motion of this court dated April 19, 2010, as dismissed an appeal from an order of the Supreme Court, Suffolk County, dated March 24, 2010, and to stay enforcement of the order dated March 24, 2010, and reduce the undertaking set forth in the order dated March 24, 2010, to the sum of $100,000, 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 branch of the motion which is, in effect, to recall and vacate so much of the decision and order on motion of this court dated April 19, 2010, as dismissed the appeal from the order dated March 24, 2010, is granted, so much of the decision and order on motion of this court dated April 19, 2010, as dismissed the appeal from the order dated March 24, 2010, is recalled and vacated, and the appeal is reinstated; and it is further,
ORDERED that the motion is otherwise denied.
RIVERA, J.P., FISHER, FLORIO and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court