| Baumgarten v Klotz |
| Motion No: 2018-03635 |
| Slip Opinion No: 2018 NY Slip Op 87242(U) |
| Decided on October 29, 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
M256999
E/afa
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, defendant, David J. Seidemann, et al., respondents. (Index No. 601030/17)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the decisions and orders on motion of this Court dated August 31, 2018, and September 4, 2018, in the above-entitled case are recalled and vacated, and the following decision and order on motion is substituted therefor:
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 the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the appeal from the order entered August 10, 2017, is dismissed, without costs or disbursements (see CPLR 5513[a]).
MASTRO, J.P., LEVENTHAL, MILLER, HINDS-RADIX and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court