Feinberg v SLS Residential, Inc.
Motion No: 2009-01582
Slip Opinion No: 2009 NY Slip Op 84405(U)
Decided on September 25, 2009
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M92419

E/sl

HOWARD MILLER, J.P.

CHERYL E. CHAMBERS

PLUMMER E. LOTT

SHERI S. ROMAN, JJ.

2009-01582, 2009-02404, 2009-02811,

2009-02812, 2009-05084, 2009-06267,

2009-06277, 2009-06278, 2009-06309

Seth M. Feinberg, et al., respondents,

v SLS Residential, Inc., et al., appellants.

(Index No. 07-13007)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent on appeals from seven orders of the Supreme Court, Westchester County, dated January 27, 2009, February 18, 2009, March 9, 2009 (two orders), May 5, 2009, and June 10, 2009 (two orders), respectively, and two judgments of the same court both dated March 27, 2009, to dismiss certain appeals on the ground that review of the issues raised on those appeals is barred by the dismissal of prior appeals for failure to timely perfect (see Bray v Cox, 38 NY2d 350), and on the ground that no appeal lies as of right from orders that are not the result of a motion made on notice, to strike stated portions of the record on appeal and the appellants' brief concerning those appeals, to enlarge the time to serve and file a brief, and for an award of costs.

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

ORDERED that the branches of the motion which are to dismiss certain appeals and to strike stated portions of the record on appeal and the appellants' brief are 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 time to serve and file a brief is granted the respondents' time to serve and file a brief is enlarged until October 26, 2009, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is for an award of costs is denied.

MILLER, J.P., CHAMBERS, LOTT and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court