2012-1632 N C. WEINSTEIN KAPLAN & COHEN, P.C. v. POSITANO — Motion by respondent to dismiss as untimely an appeal from an order of the District Court of Nassau County, First District, entered December 5, 2011.

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 is dismissed (see CPLR 5513 [a]).