Appellate Division: Second Judicial Department

M86089

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ROBERT A. SPOLZINO, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON, JJ.

2008-06625, 2008-10112 Mt. Hawley Insurance Co., respondent, v Lexington Insurance Co., et al., appellants. (Index No. 07-4661)

DECISION & ORDER ON MOTION

Separate motions by the appellant Lexington Insurance Company and the appellant American Guaranty and Liability Insurance Company to enlarge the time to perfect appeals from two orders of the Supreme Court, Westchester County, dated June 18, 2008, and October 2, 2008, respectively.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the court's own motion, the appeal from the order dated October 2, 2008 (Appellate Division Docket No. 2008-10112), 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 branch of the motion which is to enlarge the time to perfect the appeal from the order dated June 18, 2008 (Appellate Division Docket No. 2008-06625), is granted and the appellants' time to perfect the appeal from the order dated June 18, 2008, is enlarged until July 17, 2009, and the joint record or appendix on the appeals and the appellants' briefs must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied as academic.

SPOLZINO, J.P., COVELLO, ANGIOLILLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court