| Stefanko v Gardiner |
| Motion No: 2007-10684 |
| Slip Opinion No: 2008 NYSlipOp 85596(U) |
| Decided on October 7, 2008 |
| 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. |
Appellate Division: Second Judicial Department
M76868
E/sl
STEVEN W. FISHER, J.P.
JOSEPH COVELLO
WILLIAM E. McCARTHY
JOHN M. LEVENTHAL, JJ.
|
2007-10684, 2008-02355 Catherine Stefanko, et al., appellants, v Robert J. Gardiner, respondent. (Index No. 06-9606)
| DECISION & ORDER ON MOTION |
Motion by the appellants 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 - August 2008 Calendar", dated September 2, 2008, as dismissed an appeal from an order of the Supreme Court, Westchester County, entered October 11, 2007, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the appeal, and to enlarge the time to perfect that appeal as well as an appeal from an order of the same court entered February 6, 2008.
Upon the papers filed in support of the motion and the papers filed in relation or opposition thereto, it is
ORDERED that on the court's own motion, the appeal from the order entered February 6, 2008 (Appellate Division Docket No. 2008-02355), is dismissed, without costs or disbursements, on the ground that no appeal lies from an order denying reargument; and it is further,
ORDERED that the branches of the motion which are to recall and vacate so much of the decision and order on motion of this court dated September 2, 2008, as dismissed the appeal from the order entered October 11, 2007, to reinstate that appeal, and to enlarge the time to perfect that appeal are granted; and it is further,
ORDERED that so much of the decision and order on motion of this court dated September 2, 2008, as dismissed the instant appeal, is recalled and vacated; and it is further,
ORDERED that the appellant's time to perfect the appeal from the order entered October 11, 2007, is enlarged until November 21, 2008, and the record on appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargement of time shall be granted; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order entered February 6, 2008, is denied as academic.
FISHER, J.P., COVELLO, McCARTHY and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court