Ordered that the order is reversed, on the law, without costs or disbursements, and the motion is dismissed.
It is undisputed that the respondent failed to give the petitioner timely notice of the motion to dismiss (see, CPLR 2214 [b]). Hence, this error deprived the court of jurisdiction to entertain the motion and rendered the resulting order void (see, Burstin v. Public Serv. Mut. Ins. Co., 98 A.D.2d 928; Morabito v. Champion Swimming Pool Corp., 18 A.D.2d 706; Silverman v. Silverman, 261 App. Div. 1106; Palmer v. Rotary Realty Co., 233 App. Div. 764). However, the respondent is free, should she be so advised, to again seek dismissal of the petition upon proper notice (see, e.g., Hibbard v. Shaad, 99 A.D.2d 670). Bracken, J.P., Weinstein, Spatt and Harwood, JJ., concur.