Spodek v Feibusch
Motion No: 2007-04041
Slip Opinion No: 2007 NYSlipOp 71001(U)
Decided on June 6, 2007
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M55446

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

STEVEN W. FISHER

MARK C. DILLON, JJ.

2007-04041

Leonard Spodek, appellant,

v Joshua Feibusch, et al., respondents.

(Index No. 10723/94)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from a judgment of the Supreme Court, Nassau County, entered February 20, 2007, as untimely taken. Cross motion by the appellant pursuant to 22 NYCRR part 130 to impose a sanction upon the appellants for making a frivolous motion.

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

ORDERED that the motion and cross motion are denied.

RIVERA, J.P., FLORIO, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court