Appellate Division: Second Judicial Department

M122095

E/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2011-00719, 2011-04550 Gaetana Celauro, etc., et al., appellants, v 4C Foods Corp., et al., respondents. (Index No. 600391/10)

DECISION & ORDER ON MOTION

Motion by the appellants for a preference in the calendaring of appeals from two orders of the Supreme Court, Nassau County, entered December 17, 2010, and April 11, 2011, respectively. Separate motion by the respondents to dismiss the appeal from the order entered April 11, 2011, on the ground that no appeal lies from an order denying reargument. Separate motion by the respondents to strike the record on appeal and the appellants' brief, and, in effect, to enlarge the time to serve and file a brief.

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

ORDERED that the motion for a preference in the calendaring of the appeals is granted, and the appeals will be calendared after all of the briefs have been filed; and it is further,

ORDERED that the motion to dismiss the appeal from the order entered April 11, 2011, is denied; and it is further,

ORDERED that the branch of the motion which is to strike the record on appeal and the appellants' brief is denied; and it is further,

ORDERED that the branch of the motion which is, in effect, to enlarge the respondents' time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until July 25, 2011, and the respondents' brief must be served and filed on or before that date.

DILLON, J.P., CHAMBERS, AUSTIN and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court