Appellate Division: Second Judicial Department

M213922

E/afa

RANDALL T. ENG, P.J.

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON, JJ.

2015-06476 Emil Chambliss, etc., appellant-respondent, v University Group Medical Associates, et al., respondents, Mark Joseph, et al., respondents-appellants. (Index No. 3032/11)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated August 13, 2014, to dismiss the appeal insofar as taken against them on the grounds that no appeal lies from an order denying reargument and that the appellant-respondent improperly seeks to relitigate issues resolved on a prior appeal to this Court. Application by the respondents 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 insofar as taken against the respondents on the ground that no appeal lies from an order denying reargument is granted and the appeal insofar as taken against the respondents is dismissed, without costs or disbursements; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal insofar as taken against the respondents on the ground that the appellant-respondent improperly seeks to relitigate issues resolved on a prior appeal to this Court and the application are denied as academic; and it is further,

ORDERED that on the Court's own motion, the appellant-respondent's time to serve and file a reply brief is enlarged until July 27, 2016, and the reply brief shall be served and filed on or before that date.

ENG, P.J., COHEN, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court