| Weslowski v Zugibe |
| Motion No: 2016-08490 |
| Slip Opinion No: 2017 NY Slip Op 76448(U) |
| Decided on June 8, 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. |
Appellate Division: Second Judicial Department
M232243
E/ct
CHERYL E. CHAMBERS, J.P.
ROBERT J. MILLER
COLLEEN D. DUFFY
FRANCESCA E. CONNOLLY, JJ.
|
2016-08490 John L. Weslowski, respondent-appellant, v Patricia Zugibe, etc., et al., appellants- respondents. (Index No. 31752/16)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant to strike the appellants-respondents' reply brief on an appeal and cross appeal from an order of the Supreme Court, Rockland County, dated July 21, 2016, on the ground that it does not comply with the rules of this Court, and to enlarge the time to serve and file a reply brief. Cross motion by the appellants-respondents to dismiss the cross appeal for the respondent-appellant's failure to pay his share of the cost the of joint record, and for an award of an attorney's fee and costs in connection with the cross motion.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to enlarge the respondent-appellant's time to serve and file a reply brief is granted, the respondent-appellant's time to serve and file a reply brief is enlarged until July 7, 2017, and the reply brief shall be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the branch of the cross motion which is to dismiss the cross appeal is denied on condition that on or before June 21, 2017, the respondent-appellant pay his share of the cost of the joint record 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 his share of the cost of the joint record and fails to file proof of payment with this Court on or before June 21, 2017, the cross appeal will be dismissed without further notice; and it is further,
ORDERED that the cross motion is otherwise denied.
CHAMBERS, J.P., MILLER, DUFFY and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court