| Matter of Prioleau v Murphy |
| Motion No: 2009-06828 |
| Slip Opinion No: 2010 NY Slip Op 77610(U) |
| Decided on July 22, 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
M105199
E/ct
PETER B. SKELOS, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
PLUMMER E. LOTT, JJ.
|
2009-06828 In the Matter of Jerry Prioleau, petitioner, v Brian Murphy, et al., respondents. (Index No. 6824/09)
| DECISION & ORDER ON MOTION |
Motion by the petitioner to resettle a decision and judgment of this court dated January 26, 2010, which determined a proceeding pursuant to CPLR article 78 to review a determination dated February 19, 2009 (see Matter of Prioleau v Murphy, 69 AD3d 943). Separate motion by the respondents and cross motion by the petitioner for leave to appeal to the Court of Appeals from the decision and judgment of this court.
Upon the papers filed in support of the motions and the cross motion, the papers filed in opposition to the motion and cross motion for leave to appeal to the Court of Appeals, and no papers having been filed in opposition or in relation to the motion to resettle, it is
ORDERED that the motion to resettle is granted and the decision and judgment dated January 26, 2010, in the above-entitled matter, is amended by deleting from the fourth paragraph thereof the words "any compensation derived from other employment during that period and"; and it is further,
ORDERED that the motion and cross motion for leave to appeal to the Court of Appeals are denied.
SKELOS, J.P., BALKIN, LEVENTHAL and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court