Lubov v Horing & Welikson, P.C.
Motion No: 2008-10689
Slip Opinion No: 2009 NY Slip Op 80011(U)
Decided on August 7, 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

M90510

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

LEONARD B. AUSTIN, JJ.

2008-10689

Perry Lubov, appellant-respondent,

v Horing & Welikson, P.C., et al., respondents-

appellants.

(Index No. 15956/02)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants on an appeal and cross appeal from a judgment of the Supreme Court, Nassau County, dated October 28, 2008, for leave to file their answering brief, including points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), based solely on a certain transcript excerpt without contributing to the cost of the joint record on appeal.

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

ORDERED that the motion is denied; and it is further,

ORDERED that the respondents-appellants shall file proof of payment of one half the cost of the joint record when filing their answering brief, including points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]).

SKELOS, J.P., DICKERSON, BELEN and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court