Appellate Division: Second Judicial Department

M140154

E/ct

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

CHERYL E. CHAMBERS, JJ.

2011-10044 GMS Batching, Inc., respondent-appellant, v Tadco Construction Corporation, et al., appellants-respondents, et al., defendants. (Index No. 18903/06)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents, in effect, 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 and supplemental joint record on an appeal and cross appeal from an order of the Supreme Court, Queens County, entered August 25, 2011, or to direct the respondent-appellant to pay one half of the cost of the joint record and supplemental 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 direct the respondent appellant to pay one half of the cost of the joint record and supplemental joint record is granted, and on or before July 25, 2012, the respondent-appellant pay the appellant-respondent the sum of $1,081.21 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 appellants-respondents may move to dismiss the cross appeal on three days notice; and it is further,

ORDERED that the motion is otherwise denied.

ANGIOLILLO, J.P., DICKERSON, BELEN and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court