Appellate Division: Second Judicial Department

M244712

E/sl

SYLVIA O. HINDS-RADIX, J.P.

JOSEPH J. MALTESE

HECTOR D. LASALLE

BETSY BARROS, JJ.

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

DECISION & ORDER ON MOTION

Motion by the respondent-appellant on an appeal and cross appeal from a money judgment of the Supreme Court, Westchester County, dated November 15, 2016, to enlarge the time to serve and file a brief. Cross motion by the appellants-respondents to dismiss the cross appeal on the ground that the respondent-appellant has failed to pay her share of the cost of the joint record and for an award of costs and an attorney's fee.

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

ORDERED that motion is granted, the respondent-appellant's time to serve and file its answering brief, including its points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]) is enlarged until March 5, 2018, and the respondent-appellant's brief shall be served and filed on or before that date; and it is further,

ORDERED that branch of the cross motion which is to dismiss the cross appeal is denied on condition that the respondent-appellant pay her one-half share of the cost of the joint record and file proof of payment with this Court on or before March 5, 2018; and it is further,

ORDERED that the cross motion is otherwise denied.

HINDS-RADIX, J.P., MALTESE, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court