Appellate Division: Second Judicial Department

M158019

E/mv

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2013-02254 In the Matter of Violeta Olivares, appellant, v John B. Rhea, etc., et al., respondents. (Index No. 21166/11)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated October 11, 2012, (1) to amend so much of a decision and order on motion of this Court dated April 29, 2013, as conditioned a stay upon the perfection of the appeal on or before May 29, 2013, (2) for leave to prosecute the appeal on the original record, and (3) to waive the filing fee.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the decision and order on motion of this Court dated April 29, 2013, is amended by deleting from the decretal paragraphs thereof the date "May 29, 2013," and substituting therefor the date "July 15, 2013"; and it is further,

ORDERED that the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the filing fee is waived.

BALKIN, J.P., LEVENTHAL, SGROI and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court