| Caracciolo v Chodkowski |
| Motion No: 2010-02946 |
| Slip Opinion No: 2012 NY Slip Op 67598(U) |
| Decided on March 16, 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. |
Appellate Division: Second Judicial Department
M134933
S/sl
REINALDO E. RIVERA, J.P.
ANITA R. FLORIO
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2010-02946 Mary Ann Caracciolo, respondent-appellant, v Robert E. Chodkowski, appellant-respondent. (Index No. 202040/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to clarify a decision and order of this Court dated December 20, 2011, which determined an appeal and cross appeal from a judgment of the Supreme Court, Nassau County, entered March 2, 2010, for leave to reargue the appeal, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to clarify the decision and order dated December 20, 2011, is granted and the decision and order dated December 20, 2011, is amended by deleting from second paragraph thereof the words "an attorney's fee in the sum of $107,000," and substituting therefor the words "an attorney's fee in the sum of $75,000"; and it is further,
ORDERED that the motion is otherwise denied.
RIVERA, J.P., FLORIO, AUSTIN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court