Appellate Division: Second Judicial Department

M96142

E/sl

JOSEPH COVELLO, J.P.

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

SANDRA L. SGROI, JJ.

2008-05886, 2008-10641, 2009-00864 Danielle Biton, et al., appellants, v Ameena Meer, et al., respondents. (Index No. 6580/07)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, 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 - July 2009 Calendar," dated July 31, 2009, as dismissed an appeal from an order of the Supreme Court, Kings County, dated May 20, 2008 (Appellate Division Docket No. 2008-05886), pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate that appeal, to enlarge the time to perfect that appeal as well as appeals from two orders of the same court dated November 5, 2008 (Appellate Division Docket No. 2008-10641), and December 22, 2008 (Appellate Division Docket No. 2009-00864), respectively, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal, and for poor person relief. Separate motion by the appellants, inter alia, for a reconstruction hearing. Cross motion by the respondents to preclude the appellants from making further motions without leave of the court and to impose a sanction upon the appellants.

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

ORDERED that the branch of the motion which is to recall and vacate so much of the decision and order on motion dated July 31, 2009, as dismissed the appeal from the order dated May 20, 2008 (Appellate Division Docket No. 2008-05886), and to reinstate that appeal is denied; and it is further,

ORDERED that on the court's own motion, the appeal from the order dated November 5, 2008 (Appellate Division Docket No. 2008-10641), 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 December 22, 2008 (Appellate Division Docket No. 2009-00864), is denied; and it is further,

ORDERED that on the court's own motion, the appeal from the order dated December 22, 2008 (Appellate Division Docket No. 2009-00864), is dismissed, without costs or disbursements, for failure to timely perfect; and it is further,

ORDERED that the motion is otherwise denied as academic; and it is further,

ORDERED that the motion, inter alia, for a reconstruction hearing is denied; and it is further,

ORDERED that the cross motion is denied.

COVELLO, J.P., ANGIOLILLO, BALKIN and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court