Appellate Division: Second Judicial Department

M164809

E/sl

WILLIAM F. MASTRO, J.P.

PLUMMER E. LOTT

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX, JJ.

2013-01270. 2013-06133 Sophia D. Sweeny, appellant, v Millbrook Central School District, et al., respondents. (Index No. 3228/12)

DECISION & ORDER ON MOTION

Motion by the respondents Millbrook Central School District, R. Lloyd Jaeger, and Leslie Ford to dismiss an appeal from an order of the Supreme Court, Dutchess County, dated April 3, 2013, for failure to timely perfect. Separate motion by the respondents Millbrook Teachers' Association and New York State United Teachers to dismiss the appeal from the order dated April 3, 2013, on the ground that no appeal lies from an order denying reargument and, in effect, on the ground that the issues raised on appeal are barred by the doctrine of Bray v Cox (38 NY2d 350). Cross motion by the appellant to enlarge the time to perfect an appeal from an order of the same court dated November 20, 2012, to consolidate the appeals, for leave to file a supplemental record containing the notice of appeal for the order dated November 20, 2012, and for leave to withdraw the brief previously filed and to file a replacement brief. Separate applications by the respondents Millbrook Central School District, R. Lloyd Jaeger, and Leslie Ford and the respondents Millbrook Teachers ' Association and New York State Untied Teachers pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their respective briefs.

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

ORDERED that the cross motion is granted, the appellant's brief is deemed withdrawn, and on or before December 6, 2013, the appellant shall serve and file a supplemental record and a replacement brief, and correct the CPLR 5531 statement contained in the copies of the record filed with the Clerk of the Court; and it is further,

ORDERED that the motion by the respondents Millbrook Teachers' Association and New York State United Teachers is granted to the extent that the appeal from so much of the order dated April 3, 2013, as denied reargument is dismissed and the motion by the respondents Millbrook Teachers' Association and New York State United Teachers is otherwise denied; and it is further,

ORDERED that the motion by the respondents Millbrook Central School District, R. Lloyd Jaeger, and Leslie Ford is denied; and it is further,

ORDERED that the applications are denied as premature.

MASTRO, J.P., LOTT, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court