Gelobter v Fox
Motion No: 2011-00484
Slip Opinion No: 2011 NY Slip Op 70560(U)
Decided on April 21, 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

M118973

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2011-00484

Ellen Gelobter, plaintiff-appellant,

v Aryeh Fox, et al., defendants,

Schiff & Skurnik, PLLC, et al., respondents;

G. Alexander Novak, nonparty-appellant.

(Index No. 11416/08)

DECISION & ORDER ON MOTION

Motion by the respondent Michael Gross to vacate a stay of enforcement of an order of the Supreme Court, Nassau County, dated January 6, 2011, contained in a decision and order on motion of this Court dated February 10, 2011, on condition that the appeal be perfected on or before March 8, 2011.

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

ORDERED that the motion is denied; and it is further,

ORDERED that on the Court's own motion, the decision and order on motion of this Court dated February 10, 2011, is amended by deleting from the first decretal paragraph thereof the date "March 8, 2011," and substituting therefor the date "May 9, 2011."

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

ENTER:

Matthew G. Kiernan

Clerk of the Court