Appellate Division: Second Judicial Department

M97169

E/sl

STEVEN W. FISHER, J.P.

ANITA R. FLORIO

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2009-04381, 2009-10420 Senka Cindy Djonovic, respondent, v Leka Djonovic, appellant. (Index No. 98-8503)

DECISION & ORDER ON MOTION

Motion by the appellant to place the proceeds of the sale of certain real property in escrow pending hearing and determination of appeals from two orders of the Supreme Court, Westchester County, entered April 1, 2009 (Appellate Division Docket No. 2009-04381), and September 16, 2009 (Appellate Division Docket No. 2009-10420), respectively. Cross motion by the respondent, inter alia, to dismiss the appeal from the order entered April 1, 2009, in effect, for failure to timely perfect.

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

ORDERED that on the court's own motion, the appeal from the order entered September 16, 2009 (Appellate Division Docket No. 2009-10420), is dismissed, without costs or disbursements, on the ground that no appeal lies from so much of an order as denied resettlement and no appeal lies from so much of an order as denied reargument; and it is further,

ORDERED that the branch of the cross motion which is to dismiss the appeal from the order entered April 1, 2009 (Appellate Division Docket No. 2009-04381), for failure to timely perfect is granted (see 22 NYCRR 670.8[e]); and it is further,

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

ORDERED that the motion is denied as academic.

FISHER, J.P., FLORIO, AUSTIN and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court