Appellate Division: Second Judicial Department

M136946

T/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, et al., respondents, Marie Holdings, Inc., appellant, et al., defendants. (Index No. 10494/06)

DECISION & ORDER ON MOTION

Appeal by Marie Holdings, Inc., from an order of the Supreme Court, Nassau County, dated September 12, 2011. By decision and order on motion of this Court dated March 12, 2012, the motion of Marie Holdings, Inc., to dismiss the cross appeal of Jacqueline Biggio and strike her answering brief containing her points of argument on her cross appeal was granted unless on or before April 11, 2012, she filed proof of payment of one-half the cost of the joint record. The order also provided that if Jacqueline Biggio did not comply with the above condition she could file a replacement brief on or before April 24, 2012, only responding to the points of argument raised in the brief of Marie Holdings, Inc. Jacqueline Biggio did not comply with the condition, and filed a replacement brief on April 24, 2012.

Now, on the Court's own motion, it is

ORDERED that Jacqueline Biggio's cross appeal is dismissed, and her answering brief containing her points of argument on her cross appeal and her reply brief are stricken; and it is further,

ORDERED that on or before May 11, 2012, Marie Holdings, Inc., may serve and file a replacement reply brief, if it be so advised.

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

ENTER:

Aprilanne Agostino

Clerk of the Court