Incorporated Village of Cove Neck v Petrara
Motion No: 2005-11728 +1
Slip Opinion No: 2007 NYSlipOp 65342(U)
Decided on March 16, 2007
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M52131

E/sl

WILLIAM F. MASTRO, J.P.

STEVEN W. FISHER

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY, JJ.

2005-11728, 2006-05661

Incorporated Village of Cove Neck, respondent,

v Madeleine Petrara, appellant, Jane Roe, et al.,

defendants.

(Index No. 15356/03)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect appeals from two orders of the Supreme Court, Nassau County, entered October 13, 2005 (Appellate Division Docket No. 2005-11728), and April 5, 2006 (Appellate Division Docket No. 2006-05661), respectively, and separate motion by the respondent, inter alia, to dismiss the appeal from the order entered October 13, 2005, on the ground that no appeal lies from an order denying leave to reargue.

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

ORDERED that the appellant's motion to enlarge the time to perfect the appeals is granted; and it is further,

ORDERED that the appellant's time to perfect the appeal from the order entered October 13, 2005 (Appellate Division Docket No. 2005-11728), is enlarged until April 30, 2007, and the record or appendix on that appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

ORDERED that the appellant's time to perfect the appeal from the order entered April 5, 2006 (Appellate Division Docket No. 2006-05661), is enlarged until April 30, 2007, and the record or appendix on that appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the respondent's motion which is to dismiss the appeal from the order entered October 13, 2005, on the ground that no appeal lies from an order denying leave to reargue is denied without prejudice to the respondent raising the issue in its brief; and it is further,

ORDERED that the respondent's motion is otherwise denied.

MASTRO, J.P., FISHER, ANGIOLILLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court