Appellate Division: Second Judicial Department

M252110

E/afa

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 appellants-respondents on an appeal and cross appeal from a money judgment of the Supreme Court, Westchester County, dated November 15, 2016, to dismiss the cross appeal on the ground that the respondent-appellant failed to pay her share of the cost of the joint appendix, to enlarge the time to serve and file a reply brief, for the imposition of sanctions upon the respondent-appellant, and for an award of costs and an attorney's fee. Cross motion by the respondent-appellant to strike the joint appendix, inter alia, on the ground that it is inadequate and for the imposition of sanctions upon the appellants-respondents.

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 dismiss the cross appeal is granted, the cross appeal is dismissed, the respondent-appellant's answering brief is stricken, and on or before August 6, 2018, the respondent-appellant shall serve and file a brief as a respondent on the appeal and which does not raise any points of argument on the cross appeal; and it is further,

ORDERED that branch of the motion which is to enlarge the time to serve and file a reply brief is granted, and on or before August 21, 2018, the appellants-respondents shall serve and file a reply brief; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the cross motion is denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court