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KERNER v. KERNER

262 A.D.2d 1082 (1999)

691 N.Y.S.2d 847

COREY L. KERNER, Respondent, v. ROBERT KERNER, Appellant. (Appeal No. 5.)

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

Decided June 18, 1999.

Order unanimously affirmed without costs.

Memorandum:

We exercise our discretion to treat the appeal, taken from the decision, as taken from the order (see, CPLR 5520 [c]; Progressive Ins. Co. v Rudd Spray Serv., 236 A.D.2d 874). Supreme Court properly denied defendant's motion for postjudgment relief. Insofar as the motion may be viewed as one pursuant to CPLR 4404 (b), we conclude that it was untimely (

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