Appellate Division: Second Judicial Department

M101281

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

HOWARD MILLER

SHERI S. ROMAN, JJ.

2009-10757 Susan Klinger, appellant, v Thornton-Burns Owners, Inc., et al., respondents. (Index No. 18661/05)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondents, inter alia, to dismiss an appeal from an order of the Supreme Court, Queens County, entered September 14, 2009, on the ground that no appeal lies from an order denying reargument. Cross motion by the appellant, inter alia, to correct the date of the order described in the notice of appeal.

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 dismiss the appeal on the ground that no appeal lies from an order denying reargument is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

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

ORDERED that the branch of the cross motion which is to correct the date of the order described in the notice of appeal is granted and the notice of appeal is deemed corrected to recite the correct date of the order appealed from (see CPLR 2001); and it is further,

ORDERED that the cross motion is otherwise denied.

RIVERA, J.P., FLORIO, MILLER and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court