Appellate Division: Second Judicial Department

M145398

E/ct

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2012-07348 Specialized Industrial Services Corp., respondent, v Vincent J. Grande III, defendant; Denise Grande, nonparty-appellant.

DECISION & ORDER ON MOTION

Motion by Denise Grande on an appeal from an order of the Supreme Court, Suffolk County, dated May 7, 2012, inter alia, to stay enforcement of an order of the same court dated April 19, 2010, pending hearing and determination of the appeal, and to amend the notice of appeal to reflect that she is the proper appellant. Separate motion by the respondent to vacate or modify a temporary restraining order contained in an order to show cause of this Court dated September 25, 2012, and to dismiss the appeal based on lack of standing.

Upon the papers filed in support of the motion by Denise Grande and the papers filed in opposition thereto, and upon the papers filed in support of the respondent's motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion by Denise Grande which is to amend the notice of appeal to reflect that Denise Grande is the proper appellant is granted (see CPLR 2001; Matter of Tagliaferri v Weiler, 1 NY3d 605); and it is further,

ORDERED that the motion by Denise Grande is otherwise denied; and it is further,

ORDERED that the branch of the respondent's motion which is to vacate or modify the temporary restraining order contained in the order to show cause of this Court dated September 25, 2012, is denied as academic in light of this decision and order on motion which determines the motion brought on by the order to show cause dated September 25, 2012; and it is further,

ORDERED that the respondent's motion is otherwise denied.

DILLON, J.P., LEVENTHAL, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court