Appellate Division: Second Judicial Department

M54790

E/sl

HOWARD MILLER, J.P.

WILLIAM F. MASTRO

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2006-09321, 2007-00915 Michael Quigley, respondent, v Coco's Water Café, Inc., defendant, Nicholas Aiello, appellant. (Index No. 21902-99)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from two orders of the Supreme Court, Suffolk County, dated August 10, 2006, and December 7, 2006, respectively, to dismiss the appeal from the order dated December 7, 2006, on the ground that no appeal lies from an order denying reargument, to enlarge the record to include an order of the First District Court, Suffolk County, dated January 4, 2007, and to strike pages 30 through 46 of the record on appeal.

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 December 7, 2006, on the ground that no appeal lies from an order denying reargument is held in abeyance and is referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to enlarge the record is granted, and on or before May 29, 2007, the respondent shall serve and file a supplemental record containing the order of the First District Court, Suffolk County, dated January 4, 2007; and it is further,

ORDERED that the motion is otherwise denied.

MILLER, J.P., MASTRO, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court