Perlman v Johnson
Motion No: 2017-09227
Slip Opinion No: 2018 NY Slip Op 60484(U)
Decided on January 8, 2018
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

M244363

E/rr

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2017-09227

Daniel S. Perlman, respondent,

v Ivy May Johnson, appellant,

et al., defendant.

(Index No. 14292/15)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated July 19, 2017, to vacate a stay granted by a decision and order on motion of this Court dated October 27, 2017, for failure to comply with so much of that decision and order on motion as conditioned the stay upon the perfection of the appeal on or before November 27, 2017. Motion by the appellant, in effect, to amend so much of the decision and order on motion of this Court dated October 27, 2017, as conditioned the stay upon the perfection of the appeal on or before November 27, 2017.

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

ORDERED that the respondent's motion is denied; and it is further,

ORDERED that the appellant's motion is granted and the decretal paragraphs of the decision and order on motion of this Court dated October 27, 2017, are amended by deleting therefrom the date "November 27, 2017," and substituting therefor the date "February 8, 2018."

DILLON, J.P., LEVENTHAL, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court