| Simons, David v Abitbol, Martine |
| Motion No: 570904/10 |
| Slip Opinion No: 2010 NY Slip Op 88025(U) |
| Decided on November 18, 2010 |
| Appellate Term, First 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. |
November 18, 2010
Simons, David v Abitbol, Martine
It is Ordered that the motion to dismiss the appeal as untimely is denied without prejudice to renewal upon proof of service of the judgment and written notice of entry (see CPLR 5513[a]). The motion insofar as it seeks to dismiss the appeal for failure to prosecute is denied as premature (see 22 NYCRR 640.6).
By: McKeon, P.J., Shulman, Hunter, Jr., J.J.
Motion No. 570904/10