Appellate Division: Second Judicial Department

M114347

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

ARIEL E. BELEN

PLUMMER E. LOTT, JJ.

2010-09426, 2010-11084 Jesus Taveras, et al., respondents, v Muhammad A. Amir, et al., defendants, Platform Taxi, Inc., appellant. (Index No. 28477/02)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, in effect, to recall and vacate a decision and order on motion of this Court dated December 14, 2010, which vacated a stay of an amended judgment of the Supreme Court, Kings County, entered July 8, 2009, pending hearing and determination of an appeal from an order of the same court dated August 2, 2010 (Appellate Division Docket No. 2010-09426), and dismissed an appeal from an order of the same court dated October 15, 2010 (Appellate Division Docket No. 2010-11084), to reinstate the stay, and to reinstate the appeal from the order dated October 15, 2010.

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 to reinstate the stay is granted, the decision and order on motion dated December 14, 2010, is modified accordingly, and the decision and order on motion of this Court dated October 27, 2010, which stayed enforcement of the amended judgment is amended by deleting from the decretal paragraphs thereof the date "November 29, 2010," and substituting therefor the date "February 3, 2011," so that enforcement of the amended judgment entered July 8, 2009, is stayed pending hearing and determination of the appeal from the order dated August 2, 2010 (Appellate Division Docket No. 2010-09426), on condition that the appeal is perfected on or before February 3, 2011; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., SKELOS, BELEN and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court