Appellate Division: Second Judicial Department

M57174

E/sl

STEPHEN G. CRANE, J.P.

DANIEL D. ANGIOLILLO

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2007-03185 Charles Bibas, appellant-respondent, v Dafna Bibas, respondent-appellant. (Index No. 201760/04)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent on an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated March 22, 2007, to recuse Justice Gloria Goldstein from taking part in the appeal and cross appeal, to direct the respondent-appellant to pay one half of the cost of the joint record on appeal, and to impose a sanction upon the respondent-appellant.

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

ORDERED that the branch of the motion which is to recuse Justice Gloria Goldstein from taking part in the appeal and cross appeal is denied as unnecessary as Justice Gloria Goldstein has recused herself from taking part in the appeal and cross appeal; and it is further,

ORDERED that the branch of the motion which is to direct the respondent-appellant to pay one half of the cost of the joint record on appeal is granted and the respondent-appellant shall pay one half of the cost of the joint record on appeal (see 22 NYCRR 670.8[c][1]); and it is further,

ORDERED that the motion is otherwise denied.

CRANE, J.P., ANGIOLILLO, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court