Appellate Division: Second Judicial Department

M179977

E/sl

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2013-10773, 2013-10775, 2014-04691 Drena Mileski, etc., respondent, v MSC Industrial Direct Co., Inc., et al., defendants, Burns Real Estate, LLC, et al., appellants (and a third-party action). (Index No. 10391/09)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from three orders of the Supreme Court, Suffolk County, dated January 22, 2013, March 15, 2013, and March 27, 2014, respectively, to dismiss the appeal from the order dated March 15, 2013, as untimely taken and the appeal from the order dated and March 27, 2014, on the ground that no appeal lies from an order denying reargument, or, in the alternative, 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 branch of the motion which is to dismiss the appeals from the orders dated March 15, 2013, and March 27, 2014, 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 branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until October 20, 2014, and the respondent's brief must be served and filed on or before that date.

SKELOS, J.P., LEVENTHAL, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court