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MATTER OF KAUFMAN

66 A.D.2d 688 (1978)

In the Matter of The Estate of Meyer Kaufman, Deceased

Appellate Division of the Supreme Court of the State of New York, First Department.

December 12, 1978

Cross motion to dismiss as untimely taken the appeal from the same order denied, without costs.

Movant, in quoting from Johnson v Anderson (15 N.Y.2d 925), implies that appellant procured entry of the order and that, therefore, his time to appeal runs from that date. The nettlesome problems created by the exception in former CPLR 5513 (subd [a]) for situations where appellant had procured entry of the order (see, e.g.,

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