141 Sunnyside LLC v M. Zoarez, Inc.
Motion No: 2013-10834
Slip Opinion No: 2014 NY Slip Op 65532(U)
Decided on March 5, 2014
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

M170596

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2013-10834

141 Sunnyside LLC, appellant,

v M. Zoarez, Inc., defendant,

573 Elton Corp., respondent.

(Index No. 20962/11)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated November 1, 2013, to amend so much of a decision and order on motion of this Court dated December 20, 2013, as conditioned a stay of enforcement of the order upon the perfection of the appeal on or before January 21, 2014. Cross motion by the respondent for leave to reargue its opposition to the appellant's motion to stay enforcement of the order.

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

ORDERED that the motion is granted, and the decision and order on motion of this Court dated December 20, 2013, is amended by deleting from the decretal paragraphs thereof the date "January 21, 2014," and substituting therefor the date "April 4, 2014"; and it is further,

ORDERED that the cross motion is denied.

RIVERA, J.P., DICKERSON, LEVENTHAL and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court