Appellate Division: Second Judicial Department

M50011

S/sl

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2005-05487 Harry Ruddy, et al., respondents-appellants, v Lexington Insurance Company, et al., respondents, Treiber Group, LLC, s/h/a Treiber, defendant third-party plaintiff- respondent; AFG Partners, third-party defendant appellant-respondent. (Index No. 20736-02)

DECISION & ORDER ON MOTION

Motion by the third-party defendant appellant-respondent on an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated April 27, 2005, to dismiss the cross appeal on the ground that the respondents-appellants failed to pay for their share of the joint record on appeal and supplemental joint record on appeal. Cross motion by Weisberg & Weisberg, the attorneys for the respondents-appellants, to be relieved. By decision and order on motion dated November 15, 2006, the branch of the cross motion was granted and on or before December 29, 2006, the respondents-appellants were directed to (1) either retain new counsel and provide the attorney's name and address to the Clerk of this court or advise the court that they would proceed pro se, and (2) pay for their share of the joint record on appeal and supplemental joint record on appeal and file proof of payment with the Clerk of this court, and the motion was held in abeyance in the interim. The respondents-appellants have not complied with the decision and order on motion dated November 15, 2006.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted and the cross appeal is dismissed, without costs or disbursements.

MILLER, J.P., SCHMIDT, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court