| J-K Apparel Sales Co., Inc. v Jacobs |
| Motion No: 2017-11423 |
| Slip Opinion No: 2018 NY Slip Op 78975(U) |
| Decided on July 26, 2018 |
| 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
M253219
E/mmMARK C. DILLON, J.P.
JOHN M. LEVENTHAL
HECTOR D. LASALLE
ANGELA G. IANNACCI, JJ.
|
2017-11423 J-K Apparel Sales Co., Inc., et al., respondents- appellants, v Irwin Jacobs, defendant third- party plaintiff-appellant-respondent; J-K Apparel Sales Co., Inc., et al., third-party plaintiffs- appellants-respondents; Steve Kenger, third-party defendant-respondent. (Index No. 600612/15)
| DECISION & ORDER ON MOTION |
Motion by the third-party plaintiffs-appellants-respondents on an appeal and cross appeal from an order of the Supreme Court, Nassau County, entered October 31, 2017, inter alia, to dismiss the cross appeal for the respondents-appellants failure to pay their share of the costs of the joint record.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is denied on condition that on or before August 15, 2018, the respondents-appellants pay their share of the costs of the joint record and file proof of payment with the Clerk of this Court; in the event that the respondents-appellants fail to comply with the foregoing, the cross appeal will be dismissed, without further notice; and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., LEVENTHAL, LASALLE and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court