Real Spec Ventures, LLC v Estate of Livingston Mandel

Motion No: 2010-05636

Slip Opinion No: 2011 NY Slip Op 93909(U)

Decided on December 28, 2011

Appellate Division, Second Department, Motion Decision

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

M130042

E/mv

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

PLUMMER E. LOTT, JJ.

2010-05636 Real Spec Ventures, LLC, respondent-appellant, v Estate of Livingston Mandel Deans, defendant, Sjaron R. Deans, also known as Sharon R. Stephenson, respondent, Philip Orner, etc., et al., appellants- respondents, et al., defendants. (Index No. 11865/07)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents, in effect, to clarify a decision and order of this Court dated September 13, 2011, which determined an appeal from an order of the Supreme Court, Queens County, dated April 8, 2010, and to reargue the appeal, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court.

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

ORDERED that the branch of the motion which is to clarify the decision and order of this Court is granted and the decision and order of this Court dated September 13, 2011, is amended by (1) deleting from the sixth paragraph thereof the words "and her attorney, Felipe E. Orner, sued herein as Philip Orner," and (2) by deleting from the eighth paragraph thereof the words "and Orner" and substituting therefor the words "and her attorney,"; and it is further,

ORDERED that the motion is otherwise denied.

SKELOS, J.P., BALKIN, LEVENTHAL and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court