Appellate Division: Second Judicial Department

M41000

Y/sl

ANITA R. FLORIO, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2005-10568, 2005-10569 In the Matter of Wendysue Silvernail, appellant, v Enlarged City School District of Middletown, respondent. (Index No. 2885/05)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss appeals from a judgment of the Supreme Court, Orange County, dated June 27, 2005, and an order of the same court dated September 23, 2005, on the grounds that the appeal from the judgment is untimely taken and that no appeal lies from an order denying a motion for leave to reargue, or in the alternative, for an enlargement of time to serve and file a brief.

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 dismiss the appeal from the order dated September 23, 2005, on the ground that no appeal lies from an order denying a motion for leave to reargue, is held in abeyance, and is referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal; 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 July 17, 2006, and the respondent's brief must be served and filed on or before that date; and it is further,

 ORDERED that the motion is otherwise denied.

FLORIO, J.P., RITTER, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court