| Matter of Agoglia v Benepe |
| Motion No: 2009-04400 |
| Slip Opinion No: 2010 NY Slip Op 73266(U) |
| Decided on June 2, 2010 |
| 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. |
Appellate Division: Second Judicial Department
M103730
J/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
ARIEL E. BELEN
PLUMMER E. LOTT, JJ.
|
2009-04400 In the Matter of James Agoglia, appellant, et al., petitioners, v Adrian Benepe, et al., respondents. (Index No. 20040/06)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated May 14, 2010, in the above-entitled matter, which granted a motion by the respondents Adrian Benepe and New York City Department of Parks and Recreation, on an appeal from an order and judgment (one paper) of the Supreme Court, Queens County, entered March 18, 2009, is amended by deleting the second decretal paragraph and substituting therefor the following paragraph:
"ORDERED that the appellant shall serve and file a supplemental record containing the pages missing from Exhibits F and G to the affirmation of Peter M. Kutil dated December 5, 2006, from the copies of the record on file with the Clerk of this court, and the supplemental record which was submitted to the Clerk of this court is accepted for filing; and it is further,".
DILLON, J.P., BALKIN, BELEN and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court