Appellate Division: Second Judicial Department

M86577

E/cb

WILLIAM F. MASTRO, J.P.

ANITA R. FLORIO

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2009-00954, 2009-02057 Saverio C. Pugliese, appellant-respondent, v Ben Mondello, etc., respondent-appellant. (Appeal No. 1) Saverio C. Pugliese, appellant, v Ben Mondello, etc., respondent. (Appeal No. 2) (Index No. 19172/06)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated May 7, 2009, in the above-entitled matter, is recalled and vacated and the following decision and order on motion is substituted therefor:

Motion by Saverio C. Pugliese on an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated January 16, 2009, and an appeal from an order of the same court dated February 10, 2009, inter alia, to stay enforcement of the order of the same court dated February 10, 2009, as well as all proceedings in the above-entitled action, pending hearing and determination of the appeals and cross appeal, and to dismiss the cross appeal from the order dated January 16, 2009, on the ground that Ben Mondello has not paid for his share of the costs of the joint record.

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 dismiss the cross appeal is denied, as academic, as Ben Mondello has paid his share of the costs; and it is further,

ORDERED that the motion is otherwise denied.

MASTRO, J.P., FLORIO, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court