| All Seasons Fuel, Inc. v Morgan Fuel & Heating Co., Inc., |
| Motion No: 2015-06162 |
| Slip Opinion No: 2016 NY Slip Op 69993(U) |
| Decided on April 11, 2016 |
| 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
M209705
E/sl
LEONARD B. AUSTIN, J.P.
JEFFREY A. COHEN
ROBERT J. MILLER
COLLEEN D. DUFFY, JJ.
|
2015-06162, 2016-03119 All Seasons Fuel, Inc., et al., appellants- respondents, v Morgan Fuel & Heating Co., Inc., doing business as Bottini Fuel Co., and/or Bottini Fuel, respondent-appellant. (Index No. 8962/13)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant on an appeal and a cross appeal from an order of the Supreme Court, Orange County, dated April 27, 2015, for leave to serve and file a supplemental joint record containing an interlocutory judgment of the same court dated May 29, 2015.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appellants-respondents' notice of appeal from the order is deemed also to be a notice of appeal from the interlocutory judgment (see CPLR 5501[c]); and it is further,
ORDERED that the motion is granted, and on or before April 26, 2016, the respondent-appellant shall serve and file a supplemental joint record containing the interlocutory judgment dated May 29, 2015.
AUSTIN, J.P., COHEN, MILLER and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court