| Markowitz v Kurzman Eisenberg Corbin Lever & Good |
| Motion No: 2009-06264 |
| Slip Opinion No: 2010 NY Slip Op 77579(U) |
| Decided on July 22, 2010 |
| 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
M106017
E/ct
PETER B. SKELOS, J.P.
DANIEL D. ANGIOLILLO
JOHN M. LEVENTHAL
SANDRA L. SGROI, JJ.
|
2009-06264 Ronald A. Markowitz, appellant-respondent, v Kurzman Eisenberg Corbin Lever & Goodman, LLP, respondent, Richard A. Danzig, respondent-appellant. (Index No. 07-17855)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated July 20, 2010, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by Ronald A. Markowitz on an appeal and cross appeal from an order of the Supreme Court, Westchester County, dated May 22, 2009, to enlarge the time to perfect his appeal, and to compel Richard A. Danzig to pay for one-half the cost of the joint record or appendix.
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 enlarge the time to perfect the appeal is denied; and it is further,
ORDERED that the branch of the motion which is to compel Richard A. Danzig to pay for one-half the cost of the joint record or appendix is granted to the extent that at the time that Richard A. Danzig perfects his cross appeal he shall file proof that he has paid for his share of the joint record or appendix, and that branch of the motion is otherwise denied.
SKELOS, J.P., ANGIOLILLO, LEVENTHAL and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court