Appellate Division: Second Judicial Department

M55765

E/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

JOSEPH COVELLO

WILLIAM E. McCARTHY, JJ.

2006-02631, 2006-07488 Winston Madison Equities, Inc., respondent, v Abraham Schwartz, et al., appellants, et al., defendants. (Index No. 04-8502)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, (1) for leave to reargue (a) a motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Orange County, dated May 17, 2006, on the ground, inter alia, that no appeal lies from a judgment entered upon the default of the appealing party and (b) a cross motion by the appellants, inter alia, to enlarge the time to perfect the appeal from the judgment dated May 17, 2006, to recall and vacate so much of a decision and order on motion of this court entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - October 2006 Calendar," dated November 20, 2006, as dismissed an appeal from a judgment of the same court dated November 28, 2005 (Appellate Division Docket No. 2006-02631), to reinstate the appeal from the judgment dated November 28, 2005, and to consolidate the two appeals, which were determined by decision and order on motion of this court dated March 30, 2007, or, (2) in the alternative, for leave to appeal to the Court of Appeals from the decision and order on motion of this court.

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

ORDERED that the motion is denied, with $100 costs.

MILLER, J.P., RITTER, COVELLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court