L. (Anonymous) v Timmes
Motion No: 2012-01236
Slip Opinion No: 2013 NY Slip Op 68591(U)
Decided on March 27, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M153761

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2012-01236

Michael L. (Anonymous), et al., respondents-

appellants, v William Timmes, appellant-

respondent.

(Index No. 102829/09)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to dismiss a cross appeal from an order of the Supreme Court, Richmond County, dated December 1, 2011, on the ground that the respondents-appellants failed to pay one-half of 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 on condition that on or before April 17, 2013, the respondents-appellants pay the outstanding charges for their one-half share of the cost of the joint record, and file proof of payment with the Court.

RIVERA, J.P., DICKERSON, LEVENTHAL and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court