Matter of Calbrese Bakeries, Inc. v Rockland Bakery Corp.
Motion No: 2009-09113
Slip Opinion No: 2009 NY Slip Op 85062(U)
Decided on October 5, 2009
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

M92770

J/sl

STEVEN W. FISHER, J.P.

DANIEL D. ANGIOLILLO

RANDALL T. ENG

JOHN M. LEVENTHAL, JJ.

2009-09113, 2009-09114

In the Matter of Calabrese Bakeries, Inc., et al.,

appellants, v Rockland Bakery Corp., respondent.

(Index No. 5156/08)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated October 2, 2009, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Appeals by the defendant from an order of the Supreme Court, Columbia County, dated April 15, 2009, and an order of the Supreme Court, Rockland County, dated August 10, 2009.

ORDERED that on the court's own motion, the appeal from the order of the Supreme court, Columbia County, dated April 15, 2009 (Appellate Division Docket No. 2009-09114) in the above-entitled action is transferred to the Appellate Division, Third Department, pursuant to New York Constitution, article VI, § 5(b), for hearing and determination; and it is further,

ORDERED that all further proceedings in connection with the above-captioned appeal from the order of the Supreme Court, Columbia County, dated April 15, 2009, shall be conducted pursuant to the rules of the Appellate Division, Third Department.

FISHER, J.P., ANGIOLILLO, ENG and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court