| DeCaro v East of East, LLC |
| Motion No: 2011-06301 |
| Slip Opinion No: 2011 NY Slip Op 88810(U) |
| Decided on November 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. |
Appellate Division: Second Judicial Department
M128424
E/sl
DANIEL D. ANGIOLILLO, J.P.
ANITA R. FLORIO
PLUMMER E. LOTT
ROBERT J. MILLER, JJ.
|
2011-06301 Guiseppi A. DeCaro, et al., respondents, v East of East, LLC, appellant.
(Index No. 17234/10)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, dated June 22, 2011, in effect, to amend so much of a decision and order on motion of this Court dated August 9, 2011, as conditioned a stay of so much of the order dated June 22, 2011, as directed the appellant to post a bond in the sum of $1,000,000, upon the perfection of the appeal on or before September 6, 2011. Separate motion by the respondents to vacate the stay.
Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the appellant's motion is granted, and the decision and order on motion dated August 9, 2011, is amended by deleting from the decretal paragraphs thereof the date "September 6, 2011," and substituting therefor the date "December 5, 2011"; and it is further,
ORDERED that the respondents' motion is denied.
ANGIOLILLO, J.P., FLORIO, LOTT and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court