Appellate Division: Second Judicial Department

M229989

E/sl

RANDALL T. ENG, P.J.

MARK C. DILLON

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

2015-02368 John S. Desiderio, appellant-respondent, v Geico General Insurance Company, respondent-appellant. (Index No. 4718/12)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent on an appeal and a cross appeal from an order of the Supreme Court, Nassau County, entered January 23, 2015, to dismiss the cross appeal for failure of the respondent-appellant to pay its share of the cost of the joint appendix. Cross motion by the respondent-appellant to dismiss the appeal, inter alia, for failure to obtain its consent and approval of the joint appendix and on the ground that the joint appendix is inadequate.

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

ORDERED that the motion is denied on condition that on or before May 26, 2017, the respondent-appellant pay its share of the cost of the joint appendix in accordance with 22 NYCRR 670.8(c)(1) and file proof of payment with this Court; and it is further,

ORDERED that in the event the respondent-appellant fails to pay its share of the cost of the joint appendix and fails to file proof of payment with this Court on or before May 26, 2017, the cross appeal will be dismissed without further notice; and it is further,

ORDERED that the cross motion is denied.

ENG, P.J., DILLON, HALL and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court