| McAvoy v Hannigan |
| Motion No: 2012-05537 |
| Slip Opinion No: 2013 NY Slip Op 64177(U) |
| Decided on February 8, 2013 |
| 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
M151180
E/sl
RANDALL T. ENG, P.J.
THOMAS A. DICKERSON
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
|
2012-05537, 2012-05539 Annemarie McAvoy, respondent-appellant, v John Hannigan, appellant-respondent. (Index No. 9927/02)
| DECISION & ORDER ON MOTION |
Motion by appellant-respondent to dismiss cross appeals from two orders of the Supreme Court, Queens County, entered February 23, 2012, and May 29, 2012, respectively, for failure to pay one half of the cost of the joint record. Cross motion by the respondent-appellant, inter alia, to vacate a stay of enforcement of so much of the order entered May 29, 2012, as transferred residential custody of the subject child to the respondent.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition and in relation thereto, it is
ORDERED that the motion is denied on condition that on or before February 25, 2013, the respondent-appellant pay the appellant-respondent one half of the cost of the joint record and file proof of payment with the Clerk of the Court; if the respondent-appellant fails to comply with the foregoing, the Court shall issue an order, without further notice, dismissing the cross appeal; and it is further,
ORDERED that the cross motion is denied.
ENG, P.J., DICKERSON, AUSTIN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court