Appellate Division: Second Judicial Department

M180329

E/ct

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. (Appeal Nos. 1, 4) Malka Yerushalmi, plaintiff, v Joseph Yerushalmi, appellant; Schlissel Ostrow Karabatos, PLLC, nonparty-respondent. (Appeal Nos. 2, 3) (Index No. 201267/02)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated September 22, 2014, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by Malka Yerushalmi 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. Separate applications by Malka Yerushalmi and Schlissel Ostrow Karabatos, PLLC, to enlarge the time to serve and file their respective briefs.

Upon the papers filed in support of the motion and the applications, and the papers 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 time to serve and file a respondent's brief and the applications for that relief are granted, the time of Malka Yerushalmi and Schlissel Ostrow Karabatos, PLLC, to serve and file their respective briefs is enlarged until October 23, 2014, and the respondents' briefs 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