Appellate Division: Second Judicial Department

M171208

E/ct

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

ROBERT J. MILLER, JJ.

2013-02743 Salim Talamas, appellant, v Metropolitan Transportation Authority, et al., respondents. (Index No. 15419/11)

DECISION & ORDER ON MOTION

Motion by the respondents, in effect, to correct the record on an appeal from an order of the Supreme Court, Queens County, entered January 31, 2013, and to enlarge the time to serve and file a brief. By decision and order on motion of this Court dated February 6, 2014, the matter was remitted to the Supreme Court, Queens County, to report on whether the handwritten change to page nine of the reply affirmation of Alexandra Vandoros dated December 4, 2012, described in the instant motion papers, is contained in the original on file with the Clerk of the Supreme Court, Queens County, and the motion was held in abeyance in the interim. The Supreme Court, Queens County, has filed its report.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, and upon the report of the Supreme Court, Queens County, it is

ORDERED that the motion is granted and on or before March 31, 2014, the respondents shall remove page 545 from the copies of the record on file with the Clerk of this Court and replace it with a copy of page nine of the reply affirmation of Alexandra Vandoros dated December 4, 2012, which contains the handwritten change referenced above.

SKELOS, J.P., DICKERSON, CHAMBERS and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court