Appellate Division: Second Judicial Department

M150473

E/ct

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2011-08235, 2012-07385 Gregory Sulger, plaintiff-respondent, v Danica Plumbing & Heating, LLC, etc., et al., appellants, DKS Construction, defendant-respondent. (Index No. 15158/09)

DECISION & ORDER ON MOTION

Motion by the plaintiff-respondent on appeals from two orders of the Supreme Court, Nassau County, dated July 8, 2011, and June 29, 2012, respectively, to dismiss the appeal from the order dated June 29, 2012, on the ground that no appeal lies from an order denying reargument, to strike all material relating to that appeal from the record, to impose a sanction upon the appellant, and to enlarge the time to serve and file a brief. Cross motion by the appellants to impose a sanction upon the plaintiff-respondent.

Upon the papers filed in support of the motion and the cross 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 dated June 29, 2012, 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 branch of the motion which is to enlarge the plaintiff-respondent's time to serve and file a brief is granted, the plaintiff-respondent's time to serve and file a brief is enlarged until February 28, 2013, and the plaintiff-respondent's brief must be served and filed on or before that date; and it is further,

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

ORDERED that the cross motion is denied.

RIVERA, J.P., CHAMBERS, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court