Appellate Division: Second Judicial Department

M167410

E/sl

PETER B. SKELOS, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2013-08253 Ana Falvo, etc., respondent, v Rossella Falvo Cerra, appellant. (Index No. 21622/13)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, entered August 6, 2013, for leave to reargue her prior motion, inter alia, to stay all proceedings in the above-entitled action pending hearing and determination of the appeal, which was determined by decision and order on motion of this Court dated September 26, 2013. Separate motion by the respondent to dismiss the appeal on the grounds that the Court has no jurisdiction to hear the appeal and no appeal lies from an order denying a motion for leave to reargue. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motions 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 appellant's motion is granted to the extent that leave to reargue is granted, and, upon reargument, the transfer of the deed to the premises located at 195-15 42nd Avenue, Flushing, New York 11358, is stayed pending hearing and determination of the appeal, and the appellant's motion is otherwise denied; and it is further,

ORDERED that the respondent's motion is 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 application is granted, the respondent's time to serve and file a brief is enlarged until January 30, 2014, and the respondent's brief must be served and filed on or before that date.

SKELOS, J.P., COHEN, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court