| Hernandez v Asoli |
| Motion No: 2016-04868 |
| Slip Opinion No: 2017 NY Slip Op 92055(U) |
| Decided on November 14, 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
M240992
E/ct
L. PRISCILLA HALL, J.P.
JEFFREY A. COHEN
BETSY BARROS
LINDA CHRISTOPHER, JJ.
|
2016-04868 Eucebio Dionisio Hernandez, respondent-appellant, v Vittorio Asoli, et al., respondents, Skyfood Equipment, LLC, et al., appellants-respondents. (Index No. 150656/12)
| DECISION & ORDER ON MOTION |
Motion by Skyfood Equipment, LLC, on appeals and a cross appeal from an order of the Supreme Court, Richmond County, dated March 28, 2016, inter alia, to direct the respondent-appellant to pay a one-half share of the cost of the joint record.
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 direct the respondent-appellant to pay a one-half share of the cost of the joint record is granted, and on or before November 28, 2017, the respondent-appellant shall pay Skyfood Equipment, LLC, a one-half share of the cost of the joint record and file proof of payment with this Court; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that on the Court's own motion, the appeal by E & A Supply, Inc., is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules of this Court (see 22 NYCRR 670.8[e]).
HALL, J.P., COHEN, BARROS and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court