Appellate Division: Second Judicial Department

M134620

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

ARIEL E. BELEN

JEFFREY A. COHEN, JJ.

2011-08429 Emigrant Mortgage Company, Inc., plaintiff, v Jacqueline Biggio, defendant-respondent-appellant, Lawrence Biggio, respondent, Marie Holdings, Inc., defendant-appellant-respondent, et al., defendants. (Index No. 10494/06)

DECISION & ORDER ON MOTION

Motion by Marie Holdings, Inc., on an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated September 12, 2011, to dismiss the cross appeal on the ground that Jacqueline Biggio failed to pay one half of the cost of the joint record or, in the alternative, to direct Jacqueline Biggio to pay one half of the cost of the joint record.

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 dismiss the cross appeal is granted, and Jacqueline Biggio's answering brief containing her points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]) is stricken unless on or before April 11, 2012, Jacqueline Biggio pays the sum of $1,611.50 to counsel for Marie Holdings, Inc., and files proof of payment with the Clerk of the Court; and it is further,

ORDERED that in the event that Jacqueline Biggio fails to comply with the foregoing condition, Jacqueline Biggio may file a replacement brief on or before April 24, 2012, only responding to the points of argument raised in the brief filed by Marie Holdings, Inc., if she be so advised; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., ANGIOLILLO, BELEN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court