Vogelgesang v Vogelgesang
Motion No: 2006-11859
Slip Opinion No: 2007 NYSlipOp 85759(U)
Decided on December 10, 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

M63042

E/sl

STEPHEN G. CRANE, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2006-11859

Teresa Vogelgesang, respondent,

v Arthur Vogelgesang, appellant.

(Index No. 750/05)

DECISION & ORDER ON MOTION

Motion by the appellant (1) for leave to appeal to the Court of Appeals from a decision and order on motion of this court dated September 17, 2007, which determined his motion, inter alia, for leave to reargue the respondent's motion to dismiss an appeal from a judgment of the Supreme Court, Queens County, dated September 26, 2006, as untimely taken, which was determined by decision and order on motion of this court dated May 2, 2007, and (2) to vacate the decisions and orders on motion dated May 2, 2007, and September 17, 2007, respectively.

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

ORDERED that the motion is denied.

CRANE, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court