| Bierman v Limoncelli |
| Motion No: 2012-07502 |
| Slip Opinion No: 2012 NY Slip Op 93846(U) |
| Decided on December 17, 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
M148158
E/sl
REINALDO E. RIVERA, J.P.
CHERYL E. CHAMBERS
SHERI S. ROMAN
JEFFREY A. COHEN, JJ.
|
2012-07502 Keith Bierman, appellant-respondent, v Rosemarie Limoncelli, respondent- appellant.
(Index No. 203533/11)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent on an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated July 20, 2012, to strike the respondent-appellant's answering brief and preclude the respondent-appellant from filing a reply brief on the ground that the respondent-appellant failed to timely pay one half the cost of the joint record.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the Court's own motion, the appellant-respondent may serve and file a replacement reply brief on or before January 4, 2013, if he be so advised, and the respondent-appellant may serve and file a replacement reply brief in response to the appellant-respondent's replacement reply brief on or before January 14, 2013, if she be so advised
RIVERA, J.P., CHAMBERS, ROMAN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court