NYCTL 1998-2 Trust v Michael Holdings, Inc.
Motion No: 2009-05095
Slip Opinion No: 2010 NY Slip Op 71547(U)
Decided on May 14, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M102645

E/ct

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

HOWARD MILLER

SHERI S. ROMAN, JJ.

2009-05095, 2009-05510

NYCTL 1998-2 Trust, etc., plaintiff-respondent,

v Michael Holdings, Inc., defendant-respondent,

et al., defendants; L.T. Motors Auto Sales, Inc.,

nonparty-appellant.

(Index No. 17109/06)

DECISION & ORDER ON MOTION

Separate motions by NYCTL 1998-2 Trust and the defendant-respondent to dismiss an appeal from an order of the Supreme Court, Queens County, entered February 13, 2009 (Appellate Division Docket No. 2009-05510), as untimely taken and to dismiss an appeal from an order of the same court entered May 8, 2009 (Appellate Division Docket No. 2009-05095), on the ground that no appeal lies from an order denying reargument, or to enlarge the time to serve and file briefs.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the branch of NYCTL 1998-2 Trust's motion which is to dismiss the appeal from the order entered February 13, 2009 (Appellate Division Docket No. 2009-05510), as untimely taken as to it is denied (see Maddox v City of New York, 104 AD2d 430); and it is further,

ORDERED that the branch of the motion of Michael Holdings, Inc., which is to dismiss the appeal from the order entered February 13, 2009 (Appellate Division Docket No. 2009-05510), as untimely taken as to it is granted (see CPLR 5513[a]), and the appeal from the order entered February 13, 2009, is dismissed as to Michael Holdings, Inc., without costs or disbursements; and it is further,

ORDERED that the branches of the motions which are to dismiss the appeal from the order entered May 8, 2009 (Appellate Division Docket No. 2009-05095), on the ground that no appeal lies from an order denying reargument are 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 branches of the motions which are to enlarge the movants' time to serve and file their respective briefs are granted, the time to serve and file the briefs is enlarged until June 14, 2010, and the briefs must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court