Kerner v. Kerner

—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 AD2d 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 (see, CPLR 4405; Casey v Slattery, 213 AD2d 890, 891; Bertan v Richmond Mem. Hosp. & Health Ctr., 131 AD2d 799, 800-801). Insofar as the motion may be viewed as one to vacate the judgment…