Opinion
2001-08559
January 9, 2003.
Motion by the respondent Eagle Realty Holdings, Inc., inter alia, for leave to reargue, and, in effect, for leave to renew, an appeal from a judgment of the Supreme Court, Suffolk County, dated August 28, 2001, which was determined by decision and order of this court dated November 18, 2002, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Before: ANITA R. FLORIO, J.P., GABRIEL M. KRAUSMAN, SANDRA L. TOWNES, STEPHEN G. CRANE, JJ.
DECISION ORDER ON MOTION
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the motion, in effect, for leave to renew is granted, and upon renewal, it is
ORDERED that the decision and order of this court dated November 18, 2002, is amended by adding to the third decretal paragraph thereof the words, "; and it is further,", and by adding the following fourth decretal paragraph thereto,
"ORDERED that the expiration of the temporary certificate of occupancy is tolled until July 8, 2003, without prejudice to the movant seeking an extension in the Supreme Court, Suffolk County."
and it is further,
ORDERED that the motion is otherwise denied.
FLORIO, J.P., KRAUSMAN, TOWNES and CRANE, JJ., concur.