MURRAY BREIDBART ap, v. MELVIN L. WIESENTHAL DEFENDANTS; MARSHALL G. KAPLAN, NONPARTY-res — Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Kings County, dated May 14, 2012, 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 denied.

BALKIN, J.P., LOTT, AUSTIN and SGROI, JJ., concur.