| Lubov v Horing & Welikson, P.C. |
| Motion No: 2008-10689 |
| Slip Opinion No: 2009 NY Slip Op 88053(U) |
| Decided on November 6, 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
M94109
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 appellant-respondent on an appeal and cross appeal from a judgment of the Supreme Court, Nassau County, dated October 28, 2008, to clarify a decision and order on motion of this court dated August 7, 2009, which directed the respondents-appellants to file "proof of payment of one half the cost 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 motion is granted; and it is further,
ORDERED that the decision and order on motion of this court dated August 7, 2009, is amended by deleting from the second decretal paragraph thereof the words "one half the cost of the joint record" and substituting therefor the words one half the cost of the joint record or appendix, including the transcript"; and it is further,
ORDERED that the respondents-appellants' time to comply with the decision and order on motion of this court dated August 7, 2009, by filing proof of payment of one half the cost of the joint record or appendix, including the transcript, is extended until November 16, 2009, and the respondents-appellants' shall file proof of payment on or before that date or the cross appeal will be dismissed.
SKELOS, J.P., DICKERSON, BELEN and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court