Appellate Division: Second Judicial Department

M37277

Y/sl

DAVID S. RITTER, J.P.

ROBERT A. SPOLZINO

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2005-04390, 2005-04395 Susan Pagliaro, appellant, v Robert Pagliaro, respondent. (Index No. 6746/01)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a qualified domestic relations order dated February 22, 2005, and an order of the same court dated April 5, 2005, or, in the alternative, to enlarge the time to serve and file a brief. Cross motion by the appellant for leave to appeal to this court from the qualified domestic relations order dated February 22, 2005.

Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is

ORDERED that the cross motion is granted, and leave to appeal from the qualified domestic relations order is granted; and it is further,

ORDERED that the branch of the motion which is dismiss the appeal from the qualified domestic relations order is denied; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated February 22, 2005, is granted, and that appeal is dismissed, without costs or disbursements, as no appeal lies from an order denying a motion for leave to reargue; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, and the respondent's time to serve and file a brief is enlarged until April 18, 2006, and the respondent's brief must be served and filed on or before that date.

RITTER, J.P., SPOLZINO, LIFSON and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court