Appellate Division: Second Judicial Department

M58760

S/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2007-02564 Michael Grant, respondent, v Dana Grant, appellant. (Index No. 203961/00)

DECISION & ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated June 30, 2006.

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

ORDERED that, on the court's own motion, the appeal from so much of the order as, determined the plaintiff's motion for reargument of a decision of the Supreme Court, Nassau County, dated February 1, 2006, is dismissed, without costs or disbursements, as no appeal lies from an order determining a motion to reargue a decision (see DeFalco v JRS Confectionary, Inc., 118 AD2d 752, 753); and it is further,

ORDERED that the application is granted to the extent that the appellant's time to perfect the appeal from the remaining portions of the order is enlarged until November 8, 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 the application is otherwise denied as academic.

SCHMIDT, J.P., SANTUCCI, FISHER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court