Ungaro v Village of Corbin Hill Condominium II
Motion No: 2011-02646
Slip Opinion No: 2011 NY Slip Op 70585(U)
Decided on April 21, 2011
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

M118966

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2011-02646, 2011-02647, 2011-02648

Yvette Ungaro, et al., appellants, v Village

of Corbin Hill Condominium II, et al.,

respondents.

(Index No. 10-10409)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss appeals from three orders of the Supreme Court, Orange County, dated November 12, 2010, November 16, 2010, and January 18, 2011, respectively, as untimely taken, and 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 branch of the motion which is to dismiss the appeals from the orders dated November 12, 2010 (Appellate Division Docket No. 2011-02646), and November 16, 2010 (Appellate Division Docket No. 2011-02647), respectively, as untimely taken, is granted and those appeals are dismissed, without costs or disbursements (see CPLR 5513[a]); and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated January 18, 2011 (Appellate Division Docket No. 2011-02648), is granted to the extent that the appeal from so much of the order as denied that branch of the appellants' motion which was for leave to reargue is dismissed, without costs or disbursements, on the ground that no appeal lies from an order denying reargument, and that branch of the motion is otherwise denied.

RIVERA, J.P., SKELOS, SGROI and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court