Appellate Division: Second Judicial Department

M143078

E/sl

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 on an appeal and cross appeal from an order of the Supreme Court, Queens County, entered August 25, 2011, to amend a decision and order on motion of this Court dated July 5, 2012, by deleting from the first decretal paragraph thereof the amount "$1,081.21" and substituting therefor the amount "$2,162.43."

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the respondent-appellant's time to pay the appellants-respondents the balance of the sum of $2,162.43 in accordance with 22 NYCRR 670.8(c)(1) and provide proof of payment to the Clerk of the Court is extended until September 28, 2012; 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.

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

ENTER:

Aprilanne Agostino

Clerk of the Court