| Dupree v Giugliano |
| Motion No: 2009-08856 |
| Slip Opinion No: 2009 NY Slip Op 90679(U) |
| Decided on December 9, 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
M95640
E/sl
REINALDO E. RIVERA, J.P.
DANIEL D. ANGIOLILLO
PLUMMER E. LOTT
SHERI S. ROMAN, JJ.
|
2009-08856 Kristin Kahkonen Dupree, respondent-appellant, v James E. Giugliano, appellant-respondent. (Index No. 19557-04)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent on an appeal and cross appeal from a judgment of the Supreme Court, Suffolk County, entered August 18, 2009, to dismiss the cross appeal on the ground that the respondent-appellant refuses to pay or agree to pay one-half the cost of transcribing the trial transcript and printing the joint record. Cross motion by the respondent-appellant for poor person relief.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition or in relation thereto, it is
ORDERED that the cross motion is denied; and it is further,
ORDERED that the motion is denied on condition that the respondent-appellant files proof that she paid one-half the cost of the transcribing the trial transcript and printing the joint record at the time she files her answering brief, containing the points of argument on the cross appeal (see 22 NYCRR 670.8[c][1]).
RIVERA, J.P., ANGIOLILLO, LOTT and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court