| DiDomenico v Long Beach Plaza Corp. |
| Motion No: 2006-11227 |
| Slip Opinion No: 2007 NYSlipOp 84131(U) |
| Decided on November 21, 2007 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M62577
E/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
PETER B. SKELOS
JOSEPH COVELLO, JJ.
|
2006-11227 Mary Ann DiDomenico, et al., respondents- appellants, v Long Beach Plaza Corp., et al., appellants-respondents, et al., defendants (and a third-party action). (Index No. 3020/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents Long Beach Plaza Corp., Waldbaum, Inc., and Great Atlantic & Pacific Tea Company on appeals and cross appeals from an order of the Supreme Court, Nassau County, dated October 30, 2006, to dismiss the cross appeal on the ground that the respondents-appellants failed to pay their share of the cost of the joint record on appeal. Application by the respondents-appellants to impose a sanction upon the appellants-respondents and for an award of costs on the ground that the motion is frivolous.
Upon the papers filed in support of the motion and the application, and the papers filed in opposition and in relation thereto, it is
ORDERED that the motion and application are denied.
MILLER, J.P., RITTER, SKELOS and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court