In re the Estate of Kaufman

Motion to dismiss appeal from order, Surrogate’s Court, Bronx County, entered March 31, 1978, denying a motion by objectant-appellant pursuant to CPLR 5019 (subd [a]), on the ground that the order denied reargument, denied without costs and without prejudice to renewal upon the argument of the appeal. Cross motion to dismiss as untimely taken the appeal from the same order denied, without costs. Movant, in quoting from Johnson v Anderson (15 NY2d 925), implies that appellant procured entry of the order and that, therefore, his time to appeal runs from that date. The nettlesome problems…