Appellate Division: Second Judicial Department

M181579

E/sl

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2014-00686 Veronica Gucciardi, et al., appellants, v New Chopsticks House, Inc., respondent. (Index No. 100985/11)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from a judgment of the Supreme Court, Richmond County, entered October 18, 2013, to direct the appellant to correct the record and to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to direct the appellant to correct the record is granted to the extent that on or before November 12, 2014, the appellant shall replace the photgraphs on pages 616 and 617 with color copies, insert the reply affirmation of Kevin F. Mahon dated October 4, 2012, in the copies of the record filed with the Clerk of the Court and make an appropriate change to the table of contents, or serve and file a supplemental record containing that reply affirmation, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until December 12, 2014, and the respondent's brief must be served and filed on or before that date.

BALKIN, J.P., CHAMBERS, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court