Appellate Division: Second Judicial Department

M215997

E/afa

RANDALL T. ENG, P.J.

THOMAS A. DICKERSON

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY, JJ.

2016-02864 Gluck & Company Realtors, LLC, respondent, v Burger King Corporation, et al., defendants, Roger Budhu, appellant. (Index No. 14895/09)

DECISION & ORDER ON MOTION

2016-04036

Gluck & Company Realtors, LLC, respondent,

v Burger King Corporation, et al., defendants,

Roger Budhu, et al., appellants.

(Index No. 14895/09)

Motion by the appellant Roger Budhu to recall and vacate a decision and order on motion of this Court dated April 4, 2016, which dismissed an appeal from a decision of the Supreme Court, Kings County, dated September 9, 2015, to accept for filing a notice of appeal from a judgment of the same court dated November 9, 2015, and to accept for filing a certain appendix and brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to recall and vacate the decision and order on motion dated April 4, 2016, is denied; and it is further,

ORDERED that the branch of the motion which is to accept for filing the notice of appeal from the judgment is denied as unnecessary as that notice of appeal was filed on April 8, 2016; and it is further,

ORDERED that the branch of the motion which is to accept for filing a certain appendix and brief is granted to the extent that the appendix and brief may be filed in connection with the appeal from the judgment only with appropriate changes to the covers and CPLR 5531 statement, and provided that the appendix contains the notice of appeal from the judgment and the judgment.

ENG, P.J., DICKERSON, DUFFY and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court