Matter of Hobenson v Tarnavsky
Motion No: 2008-11057
Slip Opinion No: 2009 NY Slip Op 73974(U)
Decided on June 3, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M87411

E/sl

MARK C. DILLON, J.P.

FRED T. SANTUCCI

JOSEPH COVELLO

JOHN M. LEVENTHAL, JJ.

2008-11057

In the Matter of Lennie Hobenson, respondent,

Willie Hobenson, respondent-appellant,

v Milana Tarnavsky, appellant-respondent.

(Docket Nos. V-6885/01, V-8513/03)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent on an appeal and cross appeal from an order of the Supreme Court, Kings County (IDV Part), dated November 3, 2008, to dismiss the cross appeal on the ground that the respondent-appellant failed to pay one-half the costs of the joint record on appeal. Separate motion by the appellant-respondent to direct the Supreme Court, Kings County, to furnish her with a certain audiotape.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the cross appeal is denied on condition that on or before June 16, 2009, the respondent-appellant pay the appellant-respondent the sum of $6,143.65 and file proof of payment with the court; and it is further,

ORDERED that the motion to direct the Supreme Court, Kings County, to furnish the appellant with a certain audiotape is denied.

DILLON, J.P., SANTUCCI, COVELLO and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court