Yearwood v Post Park, LLC
Motion No: 2011-04028
Slip Opinion No: 2012 NY Slip Op 66985(U)
Decided on March 12, 2012
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

M134602

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

ARIEL E. BELEN, JJ.

2011-04028

Jason Yearwood, respondent,

v Post Park, LLC, et al., defendants,

Dekalb Development Corp., appellant.

(Index No. 06-12896)

DECISION & ORDER ON MOTION

Motion by the respondent to amend a decision and order of this Court dated January 17, 2012, which determined an appeal from an order of the Supreme Court, Westchester County, dated November 5, 2010.

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 and the decision and order on motion of this Court dated January 17, 2012, in the above-entitled matter, is amended by adding the word "not" to the last sentence thereof, following the words "Accordingly, Dekalb was."

DILLON, J.P., BALKIN, LEVENTHAL and BELEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court