Appellate Division: Second Judicial Department

M80907

E/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

JOSEPH COVELLO

JOHN M. LEVENTHAL, JJ.

2007-09432 Mary Ann DiDomenico, et al., respondents-appellants, v Long Beach Plaza Corp., et al., defendants third-party plaintiffs appellants-respondents, Delta Cleaners, Inc., defendant appellant-respondent; Delta Hand Launderers & French Cleaners, Inc., et al., third-party defendants- respondents. (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 a cross-appeal from an order of the Supreme Court, Nassau County, dated June 18, 2007, to dismiss the cross appeal on the ground that the respondents-appellants did not pay their one-third share of the cost of the joint record on appeal, and for an award of an attorney's fee and costs.

Upon the papers filed in support of the motion, the papers filed in opposition thereto, and the letter from the movants' attorney dated January 6, 2009, withdrawing that branch of the motion which is to dismiss the cross appeal, it is

ORDERED that the branch of the motion which is to dismiss the cross appeal is deemed withdrawn; and it is further,

ORDERED that the branch of the motion which is for an award of an attorney's fee and costs is granted to the extent that the movants are awarded $100 costs, and that branch of the motion is otherwise denied.

MASTRO, J.P., RIVERA, COVELLO and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court