Seidman v Industrial Recycling Properties, Inc.
Motion No: 2009-01492
Slip Opinion No: 2010 NY Slip Op 75461(U)
Decided on June 28, 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

M104876

E/sl

REINALDO E. RIVERA, J.P.

HOWARD MILLER

THOMAS A. DICKERSON

SHERI S. ROMAN, JJ.

2009-01492

Sheldon Seidman, respondent,

v Industrial Recycling Properties, Inc.,

et al., appellants.

(Index No. 2059/05)

DECISION & ORDER ON MOTION

Motion by the respondent to clarify a decision and order of this court dated March 30, 2010, which determined an appeal from an order of the Supreme Court, Nassau County, dated January 12, 2009. Separate motion by the appellants, inter alia, to punish the respondent for contempt for failure to comply with the decision and order of this court dated March 30, 2010.

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

ORDERED that the respondent's motion to clarify the decision and order dated March 30, 2010, is granted to the extent that on or before July 27, 2010, the respondent shall deposit the sum of $626,413.87 in escrow in accordance with the decision and order of this court dated March 30, 2010, and the motion is otherwise denied; and it is further,

ORDERED that the appellants' motion, inter alia, to punish the respondent for contempt is denied.

RIVERA, J.P., MILLER, DICKERSON and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court