ORDER

Brookhill-Wilk 1, LLC appeals from the October 28, 2002 Judgment of the United States District Court for the Southern District of New York. The appeal having been filed within the 30-day period specified in this court’s October 15,2002, order,

IT IS ORDERED THAT:

(1) The appeal is reinstated under its original docket number.

(2) The case will be decided on the briefs filed in this appeal and by the same merits panel that heard oral argument in this court on October 10, 2002.