Appellate Division: Second Judicial Department

M140923

E/sl

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2011-09789 Andrew Sokolik, respondent-appellant, v Charles M. Pateman, et al., respondents, Frank Racanelli, appellant-respondent. (Index No. 07-5107)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to dismiss a cross appeal from a judgment of the Supreme Court, Westchester County, dated September 16, 2011, on the ground that the respondent-appellant has failed to pay one half of the cost of the transcripts and joint appendix, and for an award of an attorney's fee in the sum of $2,500.

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 denied on condition that on or before August 20, 2012, the respondent-appellant pay one half of the cost of the transcripts and joint appendix and file proof of payment with the Clerk of the Court; in the event that the respondent-appellant does not comply with the foregoing, the respondent-appellant's brief is stricken, and on or before September 4, 2012, the respondent-appellant shall serve and file a replacement brief that does not include the points of argument on the cross appeal; and it is further,

ORDERED that the branch of the motion which is for an award of an attorney's fee in the sum of $2,500 is denied; and it is further,

ORDERED that on the Court's own motion, the appellant-respondent's time to serve and file a reply brief is enlarged until September 18, 2012.

SKELOS, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court