Appellate Division: Second Judicial Department

M141035

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

MARK C. DILLON

ARIEL E. BELEN, JJ.

2011-09163 North State Autobahn, Inc., et al., respondents, v Progressive Insurance Group Co., et al., defendants, Nicholas Stanton, appellant. (Index No. 07-2761)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Westchester County, entered September 6, 2011, on the ground that no appeal lies from an order denying reargument, or, in the alternative, to enlarge the time to serve and file a brief and to strike stated portions of the record on the ground that it contains matter dehors the record.

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

ORDERED that the branch of the motion which is to dismiss the appeal is granted to the extent that the appeal from so much of the order as denied leave to reargue is dismissed, without costs or disbursements, and that branch of the motion is otherwise denied; 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 respondents' time to serve and file a brief is enlarged until August 22, 2012, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is to strike stated portions of the record is denied.

RIVERA, J.P., SKELOS, DILLON and BELEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court