Appellate Division: Second Judicial Department

M127021

E/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

JEFFREY A. COHEN, JJ.

2010-08214, 2011-05777, 2011-05778, 2011-06653 In the Matter of Bert Wohl, etc., respondent, v Ernest Fequiere, appellants. (Matter No. 1) Bert Wohl, etc., respondent, v Lourdes Marie Dorce, appellant. (Matter No. 2) (Index Nos. 5400-08, 14717/09)

DECISION & ORDER ON MOTION

Motion by Ernest Fequiere (1) for leave to reargue the respondent's prior motion to dismiss his appeals from two orders of the Supreme Court, Queens County, dated March 19, 2008, and August 3, 2010, both entered in Matter No. 1, and a judgment of the same court dated August 3, 2010, entered in Matter No. 2, and to leave for reargue stated portions of his cross motion to enlarge the record which was determined by decision and order on motion of this Court dated September 2, 2011 (2), in effect, to recall and vacate so much of the decision and order on motion of this Court dated September 2, 2011, as granted the motion, denied the cross motion, and dismissed an appeal from a decision of the same court dated March 2, 2010, and (3) to reinstate the appeals.

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

ORDERED that the motion is denied; and it is further,

ORDERED that on the Court's own motion, the time for the appellant Lourdes Marie Dorce's to remove pages 33 through 44 and pages 293 through 330 from the copies of the record on appeal on file with this Court, or to serve and file a replacement record which does not contain that material is extended until October 21, 2011; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until November 21, 2011.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court