Appellate Division: Second Judicial Department

M118722

E/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

RANDALL T. ENG

SANDRA L. SGROI, JJ.

2010-09627 Hermes Valencia, et al., plaintiffs-respondents- appellants, v Obayashi Corp., defendant-respondent, E.W. Howell Co., Inc., etc., defendant third-party plaintiff-appellant-respondent, Manhattanville College, defendant-respondent-appellant, Joseph Henchey, defendant; Ampul Electric, Inc., third-party defendant-respondent. (Index No. 07-25908)

DECISION & ORDER ON MOTION

Motion by Obayashi Corp. and E.W. Howell Co., Inc., on an appeal and cross appeals from an order of the Supreme Court, Westchester County, dated August 30, 2010, inter alia, to dismiss the cross appeal of the plaintiffs-respondents-appellants for failure to pay an "equal share" of the cost of the joint record, to direct the plaintiffs-respondents-appellants to pay an "equal share" of the cost of the joint record, and for an award of the costs of filing the motion. Renewed motion by Obayashi Corp. and E.W. Howell Co., Inc., to stay the trial in the above-entitled action, pending hearing and determination of an appeal and cross appeals.

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

ORDERED that the branch of the motion which is to direct the plaintiffs-respondents-appellants to pay an "equal share" of the cost of the joint record is granted to the extent that on or before April 29, 2011, the plaintiffs-respondents-appellants shall pay the movants the sum of $11,403, and file proof of payment with this Court, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branches of the motion which are to dismiss the cross appeal of the plaintiffs-respondents-appellants and for an award of costs are denied; and it is further,

ORDERED that the renewed motion to stay the trial is denied.

RIVERA, J.P., ANGIOLILLO, ENG and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court