Appellate Division: Second Judicial Department

M161539

E/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2011-07903, 2012-07379 Debcon Financial Services, Inc., plaintiff- respondent, v 83-17 Broadway Corp., et al., appellants; Joseph Noormand, nonparty-respondent. (Index No. 21257/98)

DECISION & ORDER ON MOTION

Motion by the nonparty-respondent on appeals from two orders of the Supreme Court, Queens County, dated June 2, 2011, and May 30, 2012, respectively, in effect, to vacate, inter alia, a decision and order on motion of this Court dated January 14, 2013, which reinstated the appeal from the order dated June 2, 2011, and to dismiss the appeal from the order dated May 30, 2012, on the ground that no appeal lies from an order denying reargument.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the appeal from the order dated May 30, 2012, is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.8[e]) and prior order of the Court; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated May 30, 2012, is denied as academic; and it is further,

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

ORDERED that on the Court's own motion, the nonparty-respondent's time to serve and file a brief is enlarged until October 3, 2013, and the nonparty-respondent's brief shall be served and filed on or before that date.

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

ENTER:

Aprilanne Agostino

Clerk of the Court