| Bastien v Nouveau Elevator Industries, Inc. |
| Motion No: 2011-05667 |
| Slip Opinion No: 2012 NY Slip Op 75908(U) |
| Decided on June 12, 2012 |
| 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
M138961
S/sl
REINALDO E. RIVERA, J.P.
ANITA R. FLORIO
CHERYL E. CHAMBERS
JEFFREY A. COHEN, JJ.
|
2011-05667 Marie Carmele Bastien, respondent-appellant, v Nouveau Elevator Industries, Inc., appellant- respondent, Vertical Systems Analysis, Inc., respondent. (Index No. 41355/07)
| DECISION & ORDER ON MOTION |
Appeal and cross appeal from an order of the Supreme Court, Kings County, dated April 21, 2011. By decision and order on motion dated March 20, 2012, the respondent-appellant was given until May 21, 2012, to serve and file a brief, and was directed to either (1) pay one-half of the cost of the joint record, file proof of that payment with the Clerk of the Court, and serve and file an answering brief, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), or, in the alternative, (2) serve and file a brief as a respondent that only responds to the issues raised by Nouveau Elevator Industries, Inc. The respondent-appellant filed a brief on May 18, 2012, that only responds to the issues raised by Nouveau Elevator Industries, Inc.
Now, on the Court's own motion, it is
ORDERED that the cross appeal is dismissed, without costs or disbursements.
RIVERA, J.P., FLORIO, CHAMBERS and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court