| State of New York v LVF Realty Co., Inc. |
| Motion No: 2007-07140 |
| Slip Opinion No: 2008 NYSlipOp 77617(U) |
| Decided on July 14, 2008 |
| 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
M73124
E/sl
ANITA R. FLORIO, J.P.
JOSEPH COVELLO
RUTH C. BALKIN
JOHN M. LEVENTHAL, JJ.
|
2007-07140, 2008-02153 State of New York, respondent, v LVF Realty Co., Inc., et al., respondents- appellants, Sunoco, Inc., appellant-respondent. (Index No. 12328/02)
| DECISION & ORDER ON MOTION |
Motion by appellant-respondent on an appeal and cross appeal from two judgments of the Supreme Court, Nassau County, entered June 22, 2007, and February 1, 2008, respectively, in effect, to dismiss the cross appeal in the ground that the respondents-appellants failed to pay for their share of the joint appendix on appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied on condition that on or before August 13, 2008, the respondents-appellants pay one-half the cost of the joint appendix and file proof of payment with the Clerk of this court.
FLORIO, J.P., COVELLO, BALKIN and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court