Appellate Division: Second Judicial Department

M50641

S/mv

A. GAIL PRUDENTI, P.J.

STEPHEN G. CRANE

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2005-09902 Natalie Musick, respondent, v 330 Wythe Avenue Associates, LLC, appellant. (Appeal No. 1) 2006-04738 Natalie Musick, respondent-appellant, v 330 Wythe Avenue Associates, LLC, appellant-respondent. (Appeal No. 2) (Index No. 42279/02)

DECISION & ORDER ON MOTION

Appeal by the defendant from an order of the Supreme Court, Kings County, dated September 14, 2005, and a judgment of the same court dated March 30, 2006, and cross appeal by the plaintiff from the judgment. By decision and order on motion dated December 22, 2006, we granted the plaintiff's motion for leave to reargue that branch of her motion which was, in effect, to deem a notice of cross appeal from an order of the same court dated July 5, 2005, to be a premature notice of cross appeal from the judgment, on condition that at the time she filed her brief she submitted proof that she had paid for her share of the joint record on appeal pursuant to 22 NYCRR 670.8(c)(1). By letter dated January 25, 2007, the attorney for the plaintiff advised the Clerk of this court that his client does not wish to pay for her share of the joint record.

Now, on the court's own motion, it is

ORDERED that the cross appeal is dismissed, without costs or disbursements, for failure to comply with the decision and order on motion of this court dated December 22, 2006.

PRUDENTI, P.J., CRANE, MASTRO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court