Appellate Division: Second Judicial Department

M101554

E/sl

REINALDO E. RIVERA, J.P.

STEVEN W. FISHER

ANITA R. FLORIO

LEONARD B. AUSTIN, JJ.

2009-05543, 2010-00595 Deutsche Bank National Trust Company, etc., respondent, v Marilyn E. Matheson, appellant, et al., defendants. (Index No. 7241/06)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from a judgment of the Supreme Court, Dutchess County, dated December 14, 2009 (Appellate Division Docket No. 2010-00595), and an order of the same court dated May 15, 2009 (Appellate Division Docket No. 2009-05543), to dismiss the appeal from the order dated May 15, 2009, on the ground that no appeal lies from an order denying reargument, and to enlarge the time to serve and file a brief. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated May 15, 2009 (Appellate Division Docket No. 2009-05543), is denied without prejudice to raising the issue in the respondents brief; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief and the application for the same relief are granted, the respondent's time to serve and file a brief is enlarged until May 19, 2010, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court