| Sokolik v Pateman |
| Motion No: 2011-09789 |
| Slip Opinion No: 2012 NY Slip Op 85139(U) |
| Decided on September 21, 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
M143918
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 respondent-appellant on an appeal and cross appeal from a judgment of the Supreme Court, Westchester County, dated September 16, 2011, to vacate so much of a decision and order on motion of this Court dated July 23, 2012, as conditioned the denial of the branch of the appellant-respondent's motion which was to dismiss the cross appeal upon the respondent-appellant's payment of one half of the cost of the transcripts and joint appendix and upon the filing of proof of payment with the Clerk of the Court on or before August 20, 2012, and as directed that, in the event that the respondent-appellant did not comply therewith, the respondent-appellant's brief would be stricken, and in that event the respondent-appellant's time to serve and file a replacement brief that did not include the points of argument on the cross appeal was enlarged until September 4, 2012.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that the respondent-appellant's time to pay one half of the cost of the transcripts and joint appendix and file proof of payment with the Clerk of the Court is extended until October 22, 2012, and in the event that the respondent-appellant's brief is stricken as a result of his failure to comply with the foregoing provision, the respondent-appellant's time to serve and file a replacement brief that does not include the points of argument on the cross appeal is enlarged until November 7, 2012; and it is further,
ORDERED that the motion is otherwise 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 November 22, 2012, and the reply brief, if any, shall be served and filed on or before that date.
SKELOS, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court