Appellate Division: Second Judicial Department

M259145

E/sl

JOHN M. LEVENTHAL, J.P.

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON, JJ.

2018-00389, 2018-00390 Albert Srour, appellant, v Joseph & Smargiassi, LLC, et al., respondents. (Index No. 1228/16)

DECISION & ORDER ON MOTION

Motion by the respondents on appeals from an order of the Supreme Court, Kings County, dated November 1, 2017, and from an undated order of the same court, inter alia, to dismiss the appeal from the order dated November 1, 2017, on the ground that no appeal lies from an order denying reargument. By decision and order on motion of this Court dated October 17, 2018, that branch of the respondents' motion was held in abeyance and referred to the panel of Justices hearing that appeal for determination upon the argument or submission thereof. Motion by the appellant to enlarge the time to perfect the appeals. Cross motion by the respondents, inter alia, to dismiss the appeals for failure to timely perfect in accordance with the decision and order on motion of this Court dated October 17, 2018.

Upon the papers filed in support of the motions and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the appellant's motion is denied; and it is further,

ORDERED that the branch of the respondents' cross motion which is to dismiss the appeals for failure to timely perfect in accordance with the decision and order on motion of this Court dated October 17, 2018, is granted and the appeals are dismissed, without costs or disbursements; and it is further,

ORDERED that the branch of the respondents' motion which is to dismiss the appeal from the order dated November 1, 2017, on the ground that no appeal lies from an order denying reargument is denied as academic; and it is further,

ORDERED that the cross motion is otherwise denied as academic.

LEVENTHAL, J.P., HINDS-RADIX, DUFFY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court