Appellate Division: Second Judicial Department

M203492

E/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2015-03012, 2015-08019, 2015-09341, 2015-09681 Citimortgage, Inc., appellant, v Ricky Petro, respondent, et al., defendants. (Index No. 135418/14)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss appeals from three orders of the Supreme Court, Richmond County, dated November 21, 2014, June 5, 2015, and July 8, 2015, respectively, on the ground that no appeals lie from orders that are not the result of motions made on notice, or, in the alternative, to consolidate the appeals with an appeal from an undated order of the same court and to enlarge the respondent's time to serve and file a brief with respect to the appeal from the order dated November 21, 2014. By decision and order on motion of this Court dated December 3, 2015,

the branches of the motion which were to dismiss the appeals from the orders dated June 5, 2015, and July 8, 2015, were granted, the branch of the motion which was to dismiss the appeal from the order dated November 21, 2014, was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof, and the respondent's time to serve and file a brief with respect to the appeal from the order dated November 21, 2014, was enlarged until December 31, 2015. Application by the respondent to withdraw the branch of its motion which was to dismiss the appeal from the order dated November 21, 2014.

Upon the papers filed in support of the motion 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 application is granted and the branch of the motion which is to dismiss the appeal from the order dated November 21, 2014, is deemed withdrawn; and it is further,

 ORDERED that on the Court's own motion, so much of the decision and order on motion of this Court dated December 3, 2015, as referred the branch of the motion which is to dismiss the appeal from the order dated November 21, 2014, to the bench hearing the appeal is recalled and vacated.

RIVERA, J.P., LEVENTHAL, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court