Appellate Division: Second Judicial Department

M180078

E/sl

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

SHERI S. ROMAN

COLLEEN D. DUFFY, JJ.

2013-11331, 2014-05341, 2014-05342, 2014-05868 Malka Yerushalmi, respondent, v Joseph Yerushalmi, appellant. (Index No. 201267/02)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from two orders of the Supreme Court, Nassau County, dated September 30, 2013, and May 8, 2014, respectively, and two money judgments of the same court dated October 15, 2013, and November 15, 2013, respectively, inter alia, to dismiss the appeal from the order dated September 30, 2013, on the ground that it has been rendered academic, to dismiss the appeal from the order dated May 8, 2014, on the ground that no appeal lies from an order denying reargument, and to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated May 8, 2014, on the ground that no appeal lies from an order denying reargument is held in abeyance and referred to the panel of Justices hearing the appeals 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 23, 2014, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., CHAMBERS, ROMAN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court