Appellate Division: Second Judicial Department

M101687

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

PLUMMER E. LOTT

SANDRA L. SGROI, JJ.

2009-00659, 2009-05853 Luz Martinez, respondent, v Gross & Ramirez Realty, Ltd., appellant. (Index No. 9377/04)

DECISION & ORDER ON MOTION

Motion by the appellant 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 - October 2009 Calendar," dated October 23, 2009, as dismissed an appeal from an order of the Supreme Court, Nassau County, dated November 3, 2008, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, in effect, 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 - February 2010 Calendar," dated February 19, 2010, as dismissed an appeal from an order of the same court dated May 14, 2009, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the appeals, and to enlarge the time to perfect the appeals, and to consolidate the appeals.

Upon the papers filed in support of the 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 February 19, 2010, as dismissed the appeal from the order dated May 14, 2009, and to reinstate that appeal is denied on the ground that no appeal lies from an order denying reargument; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., BALKIN, LOTT and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court