Appellate Division: Second Judicial Department

M56636

S/sl

HOWARD MILLER, J.P.

FRED T. SANTUCCI

STEVEN W. FISHER

DANIEL D. ANGIOLILLO, JJ.

2006-08433, 2007-00244, 2007-05446 Eileen Brown, appellant, v New York City Housing Authority, respondent, et al., defendant. (Index No. 2019/04)

DECISION & ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from three orders of the Supreme Court, Queens County, dated July 5, 2006, November 13, 2006, and April 23, 2007, respectively.

Upon the papers submitted in support of the application and no papers having been submitted in opposition thereto, it is

ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the order dated July 5, 2006 (Appellate Division Docket No. 2006-08433), is denied as that appeal was dismissed by decision and order on motion of this court dated April 2, 2007, for failure to timely perfect, without prejudice to making a motion to reinstate the appeal; and it is further,

ORDERED that on the court's own motion the appeal from the order dated April 23, 2007 (Appellate Division Docket No. 2007-05446), is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument; and it is further,

ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the order dated November 13, 2006 (Appellate Division Docket No. 2007-00244), is granted, the appellant's time to perfect that appeal is enlarged until August 29, 2007, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the application is otherwise denied as academic.

MILLER, J.P., SANTUCCI, FISHER and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court