Messner v City of New York/Department of Sanitation
Motion No: 2011-03211
Slip Opinion No: 2011 NY Slip Op 76502(U)
Decided on June 23, 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

M122070

E/sl

MARK C. DILLON, J.P.

RANDALL T. ENG

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2011-03211

James Messner, et al., respondents,

v City of New York/Department of Sanitation,

et al., appellants, et al., defendants.

(Index No. 101890/06)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated June 22, 2011, in the above-entitled matter, on an appeal from an order of the Supreme Court, Richmond County, dated January 13, 2011, is amended by deleting from the first decretal paragraph thereof the words "the motion" and substituting therefor the words "the branch of the motion which is to stay the trial."

DILLON, J.P., ENG, SGROI and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court