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

DOCKET NO. CA 15-02006
DOCKET NO. CA 16-00017

IN THE MATTER OF ARBITRATION BETWEEN COUNTY OF MONROE, PETITIONER-RESPONDENT; MONROE COUNTY FEDERATION OF SOCIAL WORKERS, IUE-CWA LOCAL 381, RESPONDENT-APPELLANT. (APPEAL NO. 1.) IN THE MATTER OF ARBITRATION BETWEEN COUNTY OF MONROE, PETITIONER-RESPONDENT; MONROE COUNTY FEDERATION OF SOCIAL WORKERS, IUE-CWA LOCAL 381, RESPONDENT-APPELLANT. (APPEAL NO. 2.)

Petitioner having moved to dismiss the appeal taken herein from order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on November 26, 2014 (appeal No. 1), on the ground that appellant failed to timely file and serve the notice of appeal pursuant to CPLR 5513 (a), and having moved to dismiss the appeal taken from an order of the same court entered June 2, 2015 (appeal No. 2), on the ground that no appeal lies from an order denying a motion to reargue,

Now, upon reading and filing the affirmation of Karlee S. Bol�nos, Esq., dated November 30, 2015, the notice of motion with proof of service thereof, and the affirmation of Michael T. Harren, Esq., dated January 4, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to dismiss appeal No. 1 as untimely is granted (see CPLR 5513 [a]), and

It is further ORDERED that the motion insofar as it seeks to dismiss appeal No. 2, is denied without prejudice to petitioner raising the issue of whether this is an appeal from an order denying a motion to reargue in its brief.

Entered: January 21, 2016

Frances E. Cafarell, Clerk