Appellate Division: Second Judicial Department

M229933

E/sl

CHERYL E. CHAMBERS, J.P.

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2016-13056 Audrey G. Pierot, also known as Audrey J. Pierot, et al., appellants-respondents, v Michael A. Marom, respondent, Naomi Marom, respondent-appellant. (Index No. 65092/14) 2016-13057 Audrey G. Pierot, also known as Audrey J. Pierot, et al., appellants, v Michael A. Marom, et al., respondents. (Index No. 65092/14)

DECISION & ORDER ON MOTION

Motion by Naomi Marom on an appeal and cross appeal from an order of the Supreme Court, Westchester County, dated November 15, 2016, and an appeal from a money judgment of the same court dated November 15, 2016, to direct Audrey G. Pierot, also known as Audrey J. Pierot, and Mark Gordon to pay one-half the cost of printing the joint record.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the appeal from the order is dismissed, without costs or disbursements, as no appeal lies from an order denying leave to renew and reargue a decision (see DeFalco v JRS Confectionary, 118 AD2d 752, 753); and it is further,

ORDERED that on the Court's own motion, the notice of cross appeal from the order is deemed to be a notice of cross appeal from the money judgment (see CPLR 5512[a]); and it is further,

ORDERED that the motion is granted to the extent that the parties shall perfect the appeal and cross appeal from the judgment on a joint record or appendix in accordance with 22 NYCRR 670.8(c)(1), and the motion is otherwise denied.

CHAMBERS, J.P., MILLER, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court