Appellate Division: Second Judicial Department

M261059

E/mm

JOHN M. LEVENTHAL, J.P.

HECTOR D. LASALLE

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2018-13098 Faye Madigan, etc., appellant-respondent, v Berkeley Capital, LLC, et al., defendants, Rosa Bronstein, et al., respondents, Oceana Holding Corp., respondent-appellant. (Index No. 516351/17)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent on an appeal from an order of the Supreme Court, Kings County, dated October 22, 2018, to amend so much of a decision and order on motion of this Court dated December 27, 2018, as conditioned a stay upon the perfection of the appeal on or before January 28, 2019, for leave to prosecute the appeal on the original record, and for poor person relief. Separate motion by the appellant-respondent, inter alia, to vacate a certain temporary restraining order in a related action.

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

ORDERED that the branch of the motion which is to amend so much of the decision and order on motion of this Court dated December 27, 2018, as conditioned a stay upon the perfection of the appeal on or before January 28, 2019, is granted and the decision and order on motion of this Court dated December 27, 2018, is amended by deleting from the decretal paragraphs thereof the date "January 28, 2019," and substituting therefor the date "April 15, 2019"; and it is further,

ORDERED that the branches of the motion which are for leave to prosecute the appeal on the original record and for poor person relief are denied; and it is further,

ORDERED that the motion, inter alia, to vacate a certain temporary restraining order in a related action is denied.

LEVENTHAL, J.P., LASALLE, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court