Appellate Division: Second Judicial Department

M164462

E/nl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

JEFFREY A. COHEN, JJ.

2013-02089, 2013-04753 Plaza Equities, LLC, et al., respondents, v Mary M. Lamberti, appellant, et al., defendants. (Index No. 12093/05)

DECISION & ORDER ON MOTION

Motion by the respondent Greenpoint Mortgage to dismiss an appeal from an order of the Supreme Court, Nassau County, entered January 9, 2013, on the ground that the right of direct appeal therefrom terminated upon entry of an order of the same court entered February 22, 2013, or, in the alternative, to consolidate the appeals and to enlarge the time to serve and file a brief in connection with the order entered January 9, 2013. Cross motion by the appellant for leave to renew and reargue her prior motion to stay all proceedings in the above-entitled action as well as the foreclosure sale of the subject premises, pending hearing and determination of the appeals, which was determined by decision and order on motion of this Court dated July 19, 2013. Applications by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief

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

ORDERED that the branches of the motion which are to dismiss the appeal from the order entered January 9, 2013, and to consolidate the appeals are denied;

ORDERED that on the Court's own motion, the appeals will be calendared together and will be argued or submitted on the same date; and it is further,

ORDERED that the branch of the motion which is to enlarge Greenpoint Mortgage's time to serve and file a brief is granted, Greenpoint Mortgage's time to serve and file a brief is enlarged until December 2, 2013, and the brief must be served and filed on or before that date; and it is further,

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

ORDERED that the application is denied as premature.

SKELOS, J.P., DICKERSON, CHAMBERS and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court