DLJ Mortgage Capital, Inc. v Windsor
Motion No: 2009-08438
Slip Opinion No: 2011 NY Slip Op 68326(U)
Decided on March 29, 2011
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

M117784

E/nl

JOSEPH COVELLO, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2009-08438, 2010-00854

DLJ Mortgage Capital, Inc., etc., respondent,

v Althea Windsor, et al., defendants, Abraham

J. Herzberg, et al., appellants.

(Index No. 39930/07)

DECISION & ORDER ON MOTION

Motion by the respondent to modify a decision and order of this Court dated November 3, 2010, which determined appeals from two orders of the Supreme Court, Kings County, dated July 17, 2009, and December 17, 2009, respectively.

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

ORDERED that the motion is denied.

COVELLO, J.P., BALKIN, LEVENTHAL and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court