Appellate Division: Second Judicial Department

M207097

E/sl

REINALDO E. RIVERA, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2013-05431 Pearl Shifer, appellant-respondent, v David Shifer, etc., et al., respondents-appellants, et al., defendant. (Index No. 1434/04)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent on an appeal and cross appeals from a judgment of the Supreme Court, Kings County, dated April 8, 2013, to dismiss the cross appeal by the respondent-appellant David Shifer on the ground that he lacks standing, or, in the alternative, to direct the respondent-appellant David Shifer to pay his share of the joint appellant-respondent's appendix.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to dismiss the cross appeal by the respondent-appellant David Shifer is held in abeyance and referred to the panel of Justices hearing the appeal and cross appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to direct the respondent-appellant David Shifer to pay his share of the joint appellant-respondent's appendix is granted, and the respondent-appellant David Shifer shall pay his share of the joint appellant-respondent's appendix on or before March 30, 2016.

RIVERA, J.P., HALL, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court