Appellate Division: Second Judicial Department

M130369

E/sl

DANIEL D. ANGIOLILLO, J.P.

PLUMMER E. LOTT

SANDRA L. SGROI

JEFFREY A. COHEN, JJ.

2011-05188, 2011-09019 Mark Gordon, et al., appellants, v Scott Ratner, etc., et al., respondents. (Index No. 7262/09)

DECISION & ORDER ON MOTION

Motion by the respondents Scott Ratner, Andrew Berke, J. Jane Cao, and Scott Sherman on appeals from two orders of the Supreme Court, Nassau County, entered March 25, 2011, and August 5, 2011, respectively, to dismiss the appeal from the order entered August 5, 2011, on the ground that no appeal lies from an order denying reargument, to strike stated portions of the record and brief pertaining to the appeal from the order entered August 5, 2011, and to enlarge the time to serve and file a brief.

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 appeal from the order entered August 5, 2011, is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the time of the respondents Scott Ratner, Andrew Berke, J. Jane Cao, and Scott Sherman to serve and file a brief is enlarged until January 17, 2012, and the brief of the respondents Scott Ratner, Andrew Berke, J. Jane Cao, and Scott Sherman must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

ANGIOLILLO, J.P., LOTT, SGROI and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court