PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 09-00857

IN THE MATTER OF THE ESTATE OF LOUISE WRIGHT, CLAIMANT, AND CLAIM OF LEON WRIGHT, CLAIMANT-APPELLANT, V CITY OF ROCHESTER, THOMAS S. RICHARDS, CHARLES A. BENINCASA, KIM JONES, AND BENEFICIAL FINANCE, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS.

Respondent Beneficial Finance having moved to dismiss the appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Monroe on September 17, 2008 (Appeal no. 1), February 3, 2009 (Appeal no. 2), and March 17, 2009 (Appeal no. 3),

Now, upon reading and filing the affirmation of Sean C. McPhee dated December 15, 2009, the notice of motion with proof of service thereof, the statement of Leon Wright dated January 4, 2010, the statement of Sean C. McPhee dated January 5, 2010, the opposing affidavit of Leon Wright sworn to January 8, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks dismissal of Appeal no. 1 is granted and Appeal no. 1 is dismissed on the ground that the appeal was not timely taken, and

It is further ORDERED that the motion insofar as it seeks dismissal of Appeal no. 2 is granted and Appeal no. 2 is dismissed on the ground that no appeal lies from an order denying a motion for leave to reargue, and, in any event, the appeal was not timely taken, and

It is further ORDERED that the motion insofar as it seeks dismissal of Appeal no. 3 is granted and Appeal no. 3 is dismissed on the ground that no appeal lies from an order denying a motion for leave to reargue.

Entered: January 26, 2010

Patricia L. Morgan, Clerk