Appellate Division: Second Judicial Department

M86710

E/cb

REINALDO E. RIVERA, J.P.

HOWARD MILLER

RUTH C. BALKIN

LEONARD B. AUSTIN, JJ.

2008-09557, 2009-02899 Patricia Thierens, respondent, v 520 East 21st Street, LLC, et al., appellants. (Index No. 6097/07)

DECISION & ORDER ON MOTION

Motion by the respondent to strike stated portions of the appellants' brief and the record on appeals from two orders of the Supreme Court, Kings County, dated August 15, 2008, and December 19, 2008, respectively, and, in effect, dismiss the appeal from the order dated December 19, 2008, on the ground that no appeal lies from an order which denies a motion to reargue, and to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to strike stated portions of the appellants' brief and the record, and, in effect, dismiss the appeal from the order dated December 19, 2008, is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until June 15, 2009, and the respondent's brief must be served and filed on or before that date.

RIVERA, J.P., MILLER, BALKIN and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court