Appellate Division: Second Judicial Department

M93750

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2009-04107, 2009-04108 Robert Perez, plaintiff-respondent, v Rocco Fiore, Jr., appellant; Rocco Fiore, et al., additional defendants on counterclaims- respondents. (Index No. 04-11232)

DECISION & ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Westchester County, both dated March 30, 2009.

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

ORDERED that the appeal from the order dated March 30, 2009, which denied the appellant's motion for leave to reargue (Appellate Division Docket No. 2009-04108), is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument; and it is further,

ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the order dated March 30, 2009, which determined the motions to confirm/reject the report of a referee (Appellate Division Docket No. 2009-04107) is granted to the extent that the appellant's time to perfect the appeal is enlarged until December 21, 2009, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date and that branch of the application is otherwise denied; and it is further,

ORDERED that the application is otherwise denied as academic.

PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court