Weinstein, Kaplan & Cohen, P.C. v John Positano
Motion No: 2012-01632 nc
Slip Opinion No: 2012 NY Slip Op 83994(U)
Decided on September 6, 2012
Appellate Term, 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 Term of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

JOHN R. LaCAVA, J.P.

FRANCIS A. NICOLAI

HECTOR D. LaSALLE, JJ.

DECISION & ORDER ON MOTION

2012-1632 N C
Weinstein, Kaplan & Cohen, P.C., Respondent, v John Positano, Appellant.

Motion by respondent to dismiss as untimely an appeal from an order of the District Court of Nassau County, First District, entered December 5, 2011.

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

ORDERED that the motion is granted and the appeal is dismissed (see CPLR

5513 [a]).

ENTER:

Paul Kenny

Chief Clerk