Appellate Division: Second Judicial Department

M203674

E/sl

CHERYL E. CHAMBERS, J.P.

SHERI S. ROMAN

SANDRA L. SGROI

BETSY BARROS, JJ.

2015-03733, 2015-09758 Helga Ingvarsdottir, plaintiff-respondent, v Gaines, Gruner, Ponzin & Novick, LLP, et al., defendants third-party plaintiffs- appellants, et al., defendants; Jonathan R. Pearson, etc., third-party defendant- respondent. (Index No. 57331/14)

DECISION & ORDER ON MOTION

Motion by the plaintiff-respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, dated April 6, 2015, for failure to timely perfect, and to dismiss an appeal from an order of the same court dated September 18, 2015, on the ground that no appeal lies from an order denying reargument. Application by the third-party defendant-respondent pursuant to 22 NYCRR 670.8(d)(2) 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, 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 branch of the motion which is to dismiss the appeal from the order dated September 18, 2015, 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 motion is otherwise denied; and it is further,

ORDERED that the application is granted, the third-party defendant-respondent's time to serve and file a brief is enlarged until January 22, 2016, and the third-party defendant-respondent's brief must be served and filed on or before that date; and it is further,

 ORDERED that the appellants shall serve and file a brief in response to the third-party defendant-respondent's brief, if any, on or before February 1, 2016.

CHAMBERS, J.P., ROMAN, SGROI and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court