| Countrywide Home Loans, Inc. v Delphonse |
| Motion No: 2008-05938 |
| Slip Opinion No: 2009 NYSlipOp 65285(U) |
| Decided on March 4, 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
M83152
S/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)
| DECISION & 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 recall and vacate an order on application of this court dated January 30, 2009, which granted its application 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failed to pay for their one-half share of the joint record on appeal, and to deem the application to strike withdrawn.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application is granted, the order on application of this court dated January 30, 2009, is recalled and vacated, and the application to strike is deemed withdrawn.
FISHER, J.P., DILLON, ANGIOLILLO and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court