| J-K Apparel Sales Co., Inc. v Jacobs |
| Motion No: 2017-11423 |
| Slip Opinion No: 2018 NY Slip Op 84598(U) |
| Decided on September 27, 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
M255692
E/sl
ALAN D. SCHEINKMAN, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
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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 |
Appeal and a cross appeal from an order of the Supreme Court, Nassau County, entered October 31, 2017. By decision and order on motion of this Court dated July 26, 2018, the branch of the third-party plaintiffs-appellants-respondents' motion which was to dismiss the cross appeal was 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. The respondents-appellants have failed to file proof of payment.
Now, on the Court's own motion, it is
ORDERED that the cross appeal is dismissed, without costs or disbursements, for failure to comply with the decision and order on motion of this Court dated July 26, 2018, and the portion of the respondents-appellants' brief that raises points of argument on the cross appeal is stricken.
SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court