| Vellios v Green Apple |
| Motion No: 2009-11738 |
| Slip Opinion No: 2010 NY Slip Op 91142(U) |
| Decided on December 17, 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
M112866
E/sl
STEVEN W. FISHER, J.P.
ANITA R. FLORIO
JOHN M. LEVENTHAL
L. PRISCILLA HALL, JJ.
|
2009-11738 Dimitrios A. Vellios, appellant, v Green Apple, et al., respondents (and a third-party action). (Index No. 30359/06)
| DECISION & ORDER ON MOTION |
Motion by the respondent Green Apple to dismiss an appeal from an order of the Supreme Court, Kings County, dated October 16, 2009, on the ground that the record is inadequate, alternatively, for leave to replace the black and white photographs on pages R340 through R344 of the record on appeal with color copies of the photographs, and for an award of fees, costs, and expenses incurred to correct the record and make the motion.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is denied on condition that on or before January 3, 2011, the appellant replaces the black and white photographs on pages R340 through R344 of the record on appeal filed with the Clerk of the Court with color copies of the photographs; and it is further,
ORDERED that the motion is otherwise denied.
FISHER, J.P., FLORIO, LEVENTHAL and HALL, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court