PRESENT: SMITH, J.P., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.

DOCKET NO. CA 14-01902
DOCKET NO. CA 15-00382

GMAC MORTGAGE, LLC, SUCCESSOR BY MERGER TO GMAC MORTGAGE CORPORATION, FORMERLY KNOWN AS GMAC MORTGAGE CORPORATION OF PA, PLAINTIFF-RESPONDENT, V MICHAEL H. SPINDELMAN AND MARGARET A. SPINDELMAN, DEFENDANTS-APPELLANTS. (APPEAL NO. 1.) GMAC MORTGAGE, LLC, SUCCESSOR BY MERGER TO GMAC MORTGAGE CORPORATION, FORMERLY KNOWN AS GMAC MORTGAGE CORPORATION OF PA., PLAINTIFF-RESPONDENT, V MICHAEL H. SPINDELMAN AND MARGARET A. SPINDELMAN, DEFENDANTS-APPELLANTS. (APPEAL NO. 2.)

Appellants having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 19, 2014 (appeal No. 2), and

Respondent having cross-moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 19, 2013 (appeal No. 1), on the ground that appellants failed to perfect timely the appeal, and to dismiss the appeal taken from the order entered May 19, 2014, (appeal No. 2), on the ground that there is no right to appeal the denial of a motion to reargue,

Now, upon reading and filing the affirmation of Alana P. Carr, Esq., dated February 19, 2015, the affidavit of Michael H. Spindelman sworn to February 19, 2015, the affirmation of Benjamin Noren, Esq., dated March 3, 2015, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that appellants' motion is granted insofar as it seeks an extension of time to perfect appeal No. 2, and appellant shall perfect the appeal on or before May 29, 2015, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and

It is further ORDERED that respondent's cross motion is denied insofar as it seeks to dismiss appeal No. 2 on the ground that there is no right to appeal the denial of a motion to reargue, with leave to raise the issue in respondent's brief, and

It is further ORDERED that respondent's cross motion is dismissed as moot insofar as it seeks to dismiss appeal No. 1, because the appeal was previously dismissed pursuant to this Court's rules (see 22 NYCRR 1000.12 [b]), and

It is further ORDERED that respondent's cross motion is otherwise denied.

Entered: April 14, 2015

Frances E. Cafarell, Clerk