| Baumgarten v Klotz |
| Motion No: 2018-03635 |
| Slip Opinion No: 2018 NY Slip Op 82188(U) |
| Decided on August 31, 2018 |
| 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
M254723
E/sl
WILLIAM F. MASTRO, J.P.
JOHN M. LEVENTHAL
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX
ANGELA G. IANNACCI, JJ.
|
2018-03635, 2018-03636 Herbert Baumgarten, appellant, v Nancy Klotz, et al., respondents. (Index No. 601030/17)
| DECISION & ORDER ON MOTION |
Motion by the respondents David J. Seidemann, Laurie E. Mermelstein, and Seidemann & Mermelstein on appeals from two orders of the Supreme Court, Nassau County, entered August 10, 2017, and January 29, 2018, respectively, to dismiss the appeal from the order entered August 10, 2017, as untimely taken.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted to the extent that the appeal from the order entered August 10, 2017, insofar as taken against the respondents David J. Seidemann, Laurie E. Mermelstein, and Seidemann & Mermelsteinon is dismissed, without costs or disbursements (see CPLR 5513[a]; Maddox v City of New York, 104 AD2d 430), and the motion is otherwise denied.
MASTRO, J.P., LEVENTHAL, MILLER, HINDS-RADIX and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court