EVOLUTION IMPRESSIONS, INC. V JAMES D. LEWANDOWSKI, DAVID HICKEY, GREGORY MAREK, GIORGIO BRACAGLIA, AND 1 SOURCE
Motion No: CA 08-01154
Slip Opinion No: 2009 NYSlipOp 60802(U)
Decided on January 14, 2009
Appellate Division, Fourth 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.


January 14, 2009

PRESENT: SCUDDER, P.J., MARTOCHE, CENTRA, PERADOTTO, AND GORSKI, JJ.

DOCKET NO. CA 08-01154

EVOLUTION IMPRESSIONS, INC., PLAINTIFF-APPELLANT,

V

JAMES D. LEWANDOWSKI, DAVID HICKEY, GREGORY MAREK,

GIORGIO BRACAGLIA, AND 1 SOURCE PARTNERS, INC.,

DEFENDANTS-RESPONDENTS.


Appellant having moved for an order on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on July 26, 2007, taking judicial notice of the record on a prior appeal (Docket No. CA 08-00297),

Now, upon reading and filing the affirmation of Donald W. O'Brien, Jr. dated December 16, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted and the Court will take judicial notice of the record of the prior appeal.

Entered: January 14, 2009

JoAnn M. Wahl, Clerk