Appellate Division: Second Judicial Department

M45223

E/sl

ANITA R. FLORIO, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

ROBERT J. LUNN, JJ.

2006-03032 LPP Mortgage, Ltd., etc., appellant-respondent, v Andrew Gold, et al. respondents-appellants, et al., defendants. (Appeal No. 1) 2006-07250 LPP Mortgage, Ltd., etc., appellant, v Andrew Gold, et al. respondents, et al., defendants. (Appeal No. 2) (Index No. 02-7779)

DECISION & ORDER ON MOTION

Motion by Andrew Gold, Anne Jowett Gold, and Discoveread, Inc., the respondents-appellants on an appeal and cross appeal from an order of the Supreme Court, Westchester County, entered February 2, 2006, and the respondents on an appeal from an order of the same court entered May 12, 2006, to dismiss the appeal from the order entered May 12, 2006, on the ground that the order denies a motion to reargue and to enlarge the 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 entered May 12, 2006, is held in abeyance and referred to the panel of Jusitces hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that branch of the motion which is to enlarge the time to serve and file a brief is granted, the movants' time to serve and file a brief is enlarged until October 30, 2006, and the movants' brief must be served and filed on or before that date.

FLORIO, J.P., GOLDSTEIN, LUCIANO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court