Appellate Division: Second Judicial Department

M157910

E/sl

DANIEL D. ANGIOLILLO, J.P.

CHERYL E. CHAMBERS

SANDRA L. SGROI

JEFFREY A. COHEN, JJ.

2012-07239, 2012-11374 JFK Family Ltd. Partnership, et al., appellants, v Millbrae Natural Gas Development Fund 2005, L.P., et al., respondents. (Index No. 07-10591)

DECISION & ORDER ON MOTION

Motion by the respondents on appeals from two orders of the Supreme Court, Westchester County, entered June 1, 2012, and September 26, 2012, respectively, to dismiss the appeal from the order entered September 26, 2012, on the ground that no appeal lies from an order denying reargument, to strike the pages of the record containing the papers filed in connection with the motion that resulted in the order entered September 26, 2012, to direct the appellants to serve and file a new brief which does not raise issues relating to the order entered September 26, 2012, 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 branches of the motion which are to dismiss the appeal, to strike the pages of the record containing the papers filed in connection with the motion that resulted in the order entered September 26, 2012, and to direct the appellants to serve and file a new brief which does not raise issues relating to the order entered September 26, 2012, are 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 respondents' time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until August 2, 2013, and the respondents' brief must be served and filed on or before that date.

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

ENTER:

Aprilanne Agostino

Clerk of the Court