Countrywide Home Loans Servicing, LP v Albert
Motion No: 2009-07700
Slip Opinion No: 2010 NY Slip Op 74413(U)
Decided on June 15, 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

M104298

E/ct

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2009-07700

Countrywide Home Loans Servicing, LP, etc.,

respondent, v Linda Albert, appellant, et al.,

defendants.

(Index No. 3029/07)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Putnam County, dated June 25, 2009, on the ground that no appeal lies from an order denying reargument.

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

ORDERED that the motion 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 respondent's time to serve and file a brief is enlarged until July 14, 2010, and the respondent's brief must be served and filed on or before that date.

RIVERA, J.P., BALKIN, AUSTIN and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court