Matter of Progressive Northeastern Insurance Company v Ric
Motion No: 2010-04222
Slip Opinion No: 2010 NY Slip Op 75493(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

M104875

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

SHERI S. ROMAN, JJ.

2010-04222

In the Matter of Progressive Northeastern

Insurance Company, petitioner-respondent,

v Fatemia S. Richardson, et al., respondents,

Gerster & Sons, Inc., et al., appellants.

(Index No. 24715/09)

DECISION & ORDER ON APPLICATION

Application by the appellants on an appeal from an order of the Supreme Court, Kings County, dated March 5, 2010, to amend a decision and order on motion of this court dated May 26, 2010, which granted a stay upon condition that the appeal was perfected by June 25, 2010.

Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is

ORDERED that the application is granted and the decision and order on motion of this court dated May 26, 2010, is amended by deleting from the decretal paragraphs thereof the date "June 25, 2010," and substituting therefor the date "July 26, 2010".

RIVERA, J.P., BALKIN, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court