| Nidositko v Nidositko |
| Motion No: 2010-02446 |
| Slip Opinion No: 2011 NY Slip Op 66918(U) |
| Decided on March 15, 2011 |
| 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
M115256
E/sl
WILLIAM F. MASTRO, J.P.
MARK C. DILLON
RANDALL T. ENG
SANDRA L. SGROI, JJ.
|
2010-02446 Kelli J. Nidositko, respondent-appellant, v Nicholas W. Nidositko, appellant-respondent. (Index No. 06-5929)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant to strike the joint record on an appeal and cross appeal from a judgment of the Supreme Court, Orange County, dated January 27, 2010, to direct that her costs for printing a "corrected" joint record be no more than the sum of $200, and to enlarge the time to serve and file an answering brief, including her points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]). Cross motion by the appellant-respondent, inter alia, to direct the respondent-appellant to pay one half of the printing costs for the joint record.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike the joint record is granted to the extent that on or before April 15, 2011, the respondent-appellant shall serve and file a supplemental joint record containing the papers and trial exhibits that are relevant to the cross appeal, and the cost of printing the supplemental joint record shall be borne equally by the parties (see 22 NYCRR 670.8[c][1]), and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file an answering brief is granted, and the respondent-appellant shall serve and file her answering brief, including her points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), on or before April 15, 2011; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the branch of the cross motion which is to direct the respondent-appellant to pay one half of the printing costs for the joint record is granted, and on or before April 15, 2011, the respondent-appellant shall pay the appellant-respondent the sum of $1,328.83, representing one half of the printing costs for the joint record, and file proof of payment with the Court; and it is further,
ORDERED that the cross motion is otherwise denied.
MASTRO, J.P., DILLON, ENG and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court