| Klinger v Thorton-Burns Owners, Inc. |
| Motion No: 2009-10757 |
| Slip Opinion No: 2010 NY Slip Op 69657(U) |
| Decided on April 27, 2010 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M101926
S/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 |
On the court's own motion, it is
ORDERED that its decision and order on motion dated April 22, 2010, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
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, and to enlarge the time to perfect the 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 branch of the cross motion which is to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until June 21, 2010, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; 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