Appellate Division: Second Judicial Department

M103731

E/sl

STEVEN W. FISHER, J.P.

FRED T. SANTUCCI

HOWARD MILLER

PLUMMER E. LOTT, JJ.

2009-10784, 2009-10785 In the Matter of Lorraine Wetzel, etc., appellant, v Town of Orangetown, respondent. (Index No. 07-2107)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent, inter alia, on appeals from two orders of the Supreme Court, Rockland County, dated April 11, 2008 (Appellate Division Docket No. 2009-10784), and September 24, 2009 (Appellate Division Docket No. 2009-10785), respectively, to dismiss the appeal from the order dated April 11, 2008, as untimely taken and to dismiss the appeal from the order dated September 24, 2009, on the ground that the order is not appealable, or 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, it is

ORDERED that the branch of the motion which is to dismiss the appeals is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until July 2, 2010, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

FISHER, J.P., SANTUCCI, MILLER and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court