| Countrywide Home Loans, Inc. v Delphonse |
| Motion No: 2008-05938 |
| Slip Opinion No: 2009 NYSlipOp 62515(U) |
| Decided on January 30, 2009 |
| 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
M81898
E/sl
STEVEN W. FISHER, J.P.
MARK C. DILLON
DANIEL D. ANGIOLILLO
ARIEL E. BELEN, JJ.
|
2008-05938
Countrywide Home Loans, Inc., appellant- respondent, v Anne M. Delphonse, et al., respondents-appellants, New York City Transit Adjudication Bureau, respondent. (Index No. 8254/07)
| ORDER ON APPLICATION |
Application by the appellant-respondent on an appeal and cross appeal from an order of the Supreme Court, Queens County, dated February 5, 2008, to strike the points of argument on the cross appeal from the answering brief filed by the respondents-appellants, on the ground that the respondents-appellants failed to pay for their one-half share of the joint record on appeal, and for an award of costs for the making of the motion.
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 strike the points of argument on the cross appeal from the answering brief is granted to the extent that on or before February 6, 2009, the appellant-respondent shall provide the respondents-appellants with a statement showing its costs for filing and printing the joint record on appeal, which shall not include attorney fee costs associated with preparing and assembling the joint record, and the answering brief shall be stricken unless on or before February 20, 2009, the respondents-appellants pay for one-half of the costs of the joint record on appeal and file proof of payment with the court; in the event that the respondents-appellants fail to comply with the foregoing condition, the appellant-respondent's reply brief is also stricken, on or before March 20, 2009, the respondents-appellants may serve and file a replacement brief that does not contain any points of argument on the cross appeal, if they be so advised, and the appellant-respondent may serve and file a replacement reply brief in accordance with the rules of the court, in the event that the respondents- appellants serve and file a replacement brief; and it is further,
ORDERED that the motion is otherwise denied.
FISHER, J.P., DILLON, ANGIOLILLO and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court