Appellate Division: Second Judicial Department

M106255

E/sl

WILLIAM F. MASTRO, J.P.

HOWARD MILLER

JOHN M. LEVENTHAL

ARIEL E. BELEN, JJ.

2009-08491, 2009-08503 Pasquale Sicuranza, appellant, v Joan McDonald, respondent. (Appeal No. 1) Pasquale Sicuranza, respondent, v Joan McDonald appellant. (Appeal No. 2) (Index No. 39100-07)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by Joan McDonald, inter alia, to recall and vacate so much of a decision and order on motion of this court dated May 6, 2010, as dismissed her appeal from an order of the Supreme Court, Suffolk County, dated July 28, 2009 (Appellate Division Docket No. 2009-08503), and to dismiss an appeal from a judgment of the same court dated July 28, 2009 (Appellate Division Docket No. 2009-08491).

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 May 6, 2010, as dismissed the appeal from the order dated July 28, 2009 (Appellate Division Docket No. 2009-08503), is granted to the extent Joan McDonald's appeal from the portion of the order dated July 28, 2009, that denied her motion to stay the foreclosure sale is reinstated, and so much of the decision and order on motion dated May 6, 2010, as dismissed that portion of the appeal is recalled and vacated; and it is further,

ORDERED that on or before September 27, 2010, Joan McDonald shall perfect her appeal from so much of the order dated July 28, 2009 (Appellate Division Docket No. 2009-08503), as denied her motion to stay the foreclosure sale by filing a record or appendix (see 22 NYCRR 670.10.2) containing the papers filed in connection with that motion and a brief raising issues concerning that motion; and it is further,

ORDERED that the branch of the motion which is to enlarge Joan McDonald's time to file a brief as a respondent in connection with an appeal from a judgment of the same court dated July 28, 2009 (Appellate Division Docket No. 2009-08491) is denied; and it is further,

ORDERED that no further enlargement of time for perfecting the appeal under Appellate Division Docket No. 2009-08503 shall be granted; and it is further,

ORDERED that the appeals will be calendared together and will be argued or submitted on the same day; and it is further,

ORDERED that the motion is otherwise denied.

MASTRO, J.P., MILLER, LEVENTHAL and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court