Appellate Division: Second Judicial Department

M38178

T/sl

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

ROBERT J. LUNN, JJ.

2006-00878, 2006-00880 In the Matter of Suzanne McCrory, et al., appellants, v Zoning Board of Appeals of Village of Mamaroneck, et al., respondents. (Index No. 05-8700)

DECISION & ORDER ON MOTION

Motion by the respondents on appeals from two orders of the Supreme Court, Westchester County, entered November 20, 2005 (Appellate Division Docket No. 2006-00878), and December 13, 2005 (Appellate Division Docket No. 2006-00880), respectively, to dismiss the appeal from the order dated November 20, 2005, on the ground that the order is not appealable as of right and leave to appeal has not been granted, and to dismiss the appeal from the order dated December 13, 2005, on the ground that it is an appeal from an order denying reargument, and cross motion by the appellants for leave to appeal, if necessary, from the order dated November 20, 2005.

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

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated November 20, 2005, is denied; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated December 13, 2005, on the ground that it is an appeal from an order denying reargument is denied without prejudice to raising that argument in the respondents' brief; and it is further,

ORDERED that the cross motion is denied as unnecessary.

KRAUSMAN, J.P., GOLDSTEIN, MASTRO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court