Sheehan v Sheehan
Motion No: 2016-03994
Slip Opinion No: 2017 NY Slip Op 71841(U)
Decided on April 27, 2017
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

M228243

E/sl

RANDALL T. ENG, P.J.

L. PRISCILLA HALL

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX, JJ.

2016-03994

Tammy L. Sheehan, respondent-appellant,

v Lawrence F. Sheehan, appellant-respondent.

(Index No. 5310/12)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to strike the respondent-appellant's appendix on an appeal from a judgment of the Supreme Court, Dutchess County, entered March 2, 2016, and to direct the respondent-appellant to pay a one-half share of the cost of the appellant-respondent's appendix and the transcripts.

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 strike the respondent-appellant's appendix is denied; and it is further,

ORDERED that the branch of the motion which is to direct the respondent-appellant to pay a one-half share of the appellant-respondent's appendix and the transcripts is granted to the extent that the cross appeal is dismissed unless on or before May 25, 2017, the respondent-appellant pays a one-half share of the cost of the appellant-respondent's appendix and the transcripts, and file proof of payment with this Court, and that branch of the motion is otherwise denied.

ENG, P.J., HALL, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court