Elizabeth A. Spielfogel v Larry R. Spielfogel .

Motion No: M-32

Slip Opinion No: 2019 NYSlipOp 67141(U)

Decided on April 4, 2019

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.

April 4, 2019

Elizabeth A. Spielfogel,

Plaintiff-Respondent,

Confidential

v

Larry R. Spielfogel,

Defendant-Appellant.

Plaintiff-respondent having moved, pursuant to CPLR 5513(a), for an order dismissing defendant's appeal taken from an order of the Supreme Court, New York County, entered on or about

October 4, 2018, 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, with leave to renew upon proof the notice of appeal was not timely filed. ENTERED: April 4, 2019

_____________________ CLERK

Present - Hon. Dianne T. Renwick, Justice Presiding, Peter Tom Anil C. Singh Peter H. Moulton, Justices

M-32

Index No. 350249/07