Appellate Division: Second Judicial Department

M38471

T/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

JOSEPH COVELLO, JJ.

2005-04118, 2005-10754 James A. Barrett, etc., et al., respondents, v Miguel Carela, et al., appellants, et al., defendants. (Index No. 13805/00)

DECISION & ORDER ON MOTION

Motion by the respondents on appeals from two orders of the Supreme Court, Kings County, dated February 10, 2005 (Appellate Division Docket No. 2005-04118), and August 8, 2005 (Appellate Division Docket No. 2005-10754), respectively, to dismiss the appeal from the order dated February 10, 2005, on the ground that it was not timely taken, and to dismiss the appeal from the order dated August 8, 2005, on the ground that the order is not appealable as it denies a motion for reargument. Separate application by the respondents to enlarge their time to serve and file a brief.

Upon the papers filed in support of the motion and the application 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 February 10, 2005 (Appellate Division Docket No. 2005-04118), on the ground that it was not timely taken is denied; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated August 8, 2005 (Appellate Division Docket No. 2005-10754), on the ground that the order is not appealable as it denies a motion for reargument is denied without prejudice to the respondents raising the argument in their brief on the appeals; and it is further,

 ORDERED that the application is granted, and the respondents' time to serve and file a brief is enlarged until May 15, 2006, and the respondents' brief shall be served and filed on or before that date.

MASTRO, J.P., RIVERA, SKELOS and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court