Appellate Division: Second Judicial Department

M133844

S/sl

REINALDO E. RIVERA, J.P.

RANDALL T. ENG

PLUMMER E. LOTT

SANDRA L. SGROI, JJ.

2011-03391 Richard Brown, appellant-respondent, v Susan Berman, respondent-appellant. (Index No. 08-12152)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated January 17, 2012, in the above-entitled appeal is recalled and vacated and the following decision and order on motion is substituted therefor:

Motion by the appellant-respondent to strike the respondent-appellant's brief on the ground that the respondent-appellant has not paid one half of the cost of the joint record on an appeal and cross appeal from a judgment of the Supreme Court, Rockland County, dated February 16, 2011, and to enlarge the time to serve and file a reply brief.

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 strike the respondent-appellant's brief is denied on condition that on or before March 9, 2012, the respondent-appellant pay the appellant-respondent the sum of $8,500 in accordance with 22 NYCRR 670.8(c)(1) and provide proof of payment to the Clerk of the Court; and it is further,

ORDERED that if the respondent-appellant does not comply with the foregoing provision the Court, on its own motion may dismiss the cross appeal, without further notice, or the appellant-respondent may move to dismiss the cross appeal on three days notice; and it is further,

ORDERED that the branch of the motion which is to enlarge the appellant-respondent's time to serve and file a reply brief is granted, and the appellant-respondent's reply brief shall be served and filed on or before March 23, 2012.

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

ENTER:

Aprilanne Agostino

Clerk of the Court