Weslowski v Zugibe
Motion No: 2016-08490
Slip Opinion No: 2017 NY Slip Op 91326(U)
Decided on November 2, 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

M240630

E/afa

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 appellants-respondents on an appeal and cross appeal from an order of the Supreme Court, Rockland County, dated July 21, 2016, to dismiss the cross appeal based upon the respondent-appellant's failure to pay his share of the cost of the joint record, as directed by a decision and order on motion of this Court dated June 8, 2017.

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

ORDERED that the motion is denied on condition that on or before December 4, 2017, the respondent-appellant pay the appellants-respondents the sum of $1,430.26, which represents the unpaid balance of the respondent-appellant's share of the cost of the joint record, and file proof of payment with this Court.

CHAMBERS, J.P., MILLER, DUFFY and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court