Appellate Division: Second Judicial Department

M118364

E/sl

DANIEL D. ANGIOLILLO, J.P.

ANITA R. FLORIO

ARIEL E. BELEN

SHERI S. ROMAN, JJ.

2010-05745, 2010-10051 Ellen Gelobter, plaintiff-appellant, v Aryeh Fox, et al., defendants, Deborah Bhola, et al., respondents; G. Alexander Novak, nonparty-appellant. (Appeal No. 1) Ellen Gelobter, plaintiff-appellant, v Aryeh Fox, et al., defendants, Deborah Bhola, et al., respondents; G. Alexander Novak, nonparty-appellant. (Appeal No. 2) (Index No. 11416/08)

DECISION & ORDER ON MOTION

Motion by the respondent Michael Gross on appeals from two orders of the Supreme Court, Nassau County, dated May 5, 2010, and October 1, 2010, respectively, inter alia, to dismiss the appeal from the order dated October 1, 2010, on the ground that no appeal lies from an order denying reargument. Separate applications pursuant to 22 NYCRR 670.8(d)(2) to enlarge the respondents' time to serve and file their briefs.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion 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 applications are granted, the respondents' time to serve and file their briefs is enlarged until June 15, 2011, and the respondents' briefs must be served and filed on or before that date.

ANGIOLILLO, J.P., FLORIO, BELEN and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court