Jacqueline Toboroff Gross v Fred Gross /

Motion No: M-5615

Slip Opinion No: 2018 NYSlipOp 63495(U)

Decided on February 8, 2018

Appellate Division, 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.

February 8, 2018

Jacqueline Toboroff Gross,

Plaintiff-Respondent-Appellant,

CONFIDENTIAL

v

Fred Gross,

Defendant-Appellant-Respondent/

Respondent.

- - - - - - - - - - - - - - - -

Aronson Mayefsky & Sloan, LLP,

Non-Party Respondent-Appellant.

An appeal and cross appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about March 15, 2017, And a separate appeal having been taken by non-party respondent from the aforesaid order, And non-party respondent-appellant having moved for dismissal of defendant's appeal, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is denied. Sua sponte, defendant's appeal is deemed to be one from the judgment entered on or about April 25, 2017, bringing up for review the order entered March 15, 2017 (CPLR 5520[c]). ENTERED: February 8, 2018

_____________________ CLERK

Present - Hon. Dianne T. Renwick,Justice Presiding, Judith J. Gische Peter Tom Jeffrey K. Oing Anil C. Singh,Justices

M-5615

Index No. 313132/13