S & C Investors II, LLC v Touch of Class Builders, Inc.
Motion No: 2011-02263
Slip Opinion No: 2011 NY Slip Op 71584(U)
Decided on May 3, 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

M119256

E/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

CHERYL E. CHAMBERS

ROBERT J. MILLER, JJ.

2011-02263

S & C Investors II, LLC, appellant,

v Touch of Class Builders, Inc., respondent,

Best Building & Supply Corp., et al., defendants.

(Index No. 12286-05)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated January 4, 2011, in effect, to amend so much of a decision and order on motion of this Court dated March 31, 2011, as conditioned a stay of entry of any judgment entered upon the order and cancellation of a certain notice of pendency upon the perfection of the appeal on or before May 2, 2011.

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

ORDERED that the motion is granted to the extent that the decision and order on motion of this Court is amended by deleting from the decretal paragraphs thereof the date "May 2, 2011," and substituting therefor the date "June 2, 2011," and the motion is otherwise denied.

DILLON, J.P., FLORIO, CHAMBERS and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court