| Vogelgesang v Vogelgesang |
| Motion No: 2006-11859 |
| Slip Opinion No: 2008 NYSlipOp 88098(U) |
| Decided on October 31, 2008 |
| 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. |
Appellate Division: Second Judicial Department
M77937
E/sl
WILLIAM F. MASTRO, J.P.
REINALDO E. RIVERA
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 on an appeal from a judgment of the Supreme Court, Queens County, dated September 26, 2006, which was dismissed as untimely taken by decision and order on motion of this court dated May 2, 2007, inter alia, to vacate the decision and order on motion of this court dated May 2, 2007, on the ground of newly discovered evidence, in the interests of justice, on the ground that the judgment was improperly entered, and on the ground that the Supreme Court, Queens County, did not have subject matter jurisdiction, and to reinstate the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
MASTRO, J.P., RIVERA, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court