Andrade v T.C. Dunham Paint Company, Inc.
Motion No: 2011-00053
Slip Opinion No: 2011 NY Slip Op 88358(U)
Decided on October 28, 2011
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M128025

E/sl

PETER B. SKELOS, J.P.

L. PRISCILLA HALL

PLUMMER E. LOTT

SHERI S. ROMAN, JJ.

2011-00053

Walter Andrade, appellant, v T.C. Dunham

Paint Company, Inc., et al., respondents.

(Index No. 22766/07)

DECISION & ORDER ON MOTION

Motion by the respondents T.C. Dunham Paint Company, Inc., T.C. Dunham Paint and Coatings Co., Inc., and D & F Paint Co., Inc., on an appeal from an order of the Supreme Court, Queens County, entered September 8, 2010, to amend a decision and order on motion of this Court dated September 21, 2011, to reflect that Point I instead of Point II of their brief is stricken, and to extend their time to comply with the decision and order on motion dated September 21, 2011.

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

ORDERED that the motion is granted, and on or before November 10, 2011, the respondents T.C. Dunham Paint Company, Inc., T.C. Dunham Paint and Coatings Co., Inc., and D & F Paint Co., Inc., shall either remove Point I from the copies of their brief filed with the Clerk of the Court or serve and file a replacement brief that does not contain the material in Point I.

SKELOS, J.P., HALL, LOTT and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court