Appellate Division: Second Judicial Department

M224839

U/ct

MARK C. DILLON, J.P.

RUTH C. BALKIN

SHERI S. ROMAN

FRANCESCA E. CONNOLLY, JJ.

2015-12132, 2016-01903 Wizard Leasing Corp., respondent, v Bouley Bakery Operating, LLC, et al., appellants. (Index No. 707346/14)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated June 14, 2016, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the respondent, inter alia, to enlarge the record on an appeal from an order of the Supreme Court, Queens County, entered December 1, 2015, to include certain exhibits, and in effect, to deem the record and brief filed in connection with the appeal from the order to also be filed in connection with an appeal from a judgment of the same court entered December 11, 2015.

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 enlarge the record to include certain exhibits is denied; and it is further,

ORDERED that the branch of the motion which is, in effect, to deem the record and brief filed in connection with the appeal from the order to also be filed in connection with the appeal from the judgment is granted; and it is further,

ORDERED that the supplemental record submitted to the Clerk of this Court containing the judgment entered December 11, 2015, and the notice of appeal therefrom is accepted for filing and deemed timely served; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., BALKIN, ROMAN and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court