Appellate Division: Second Judicial Department

M260764

E/mm

ALAN D. SCHEINKMAN, P.J.

MARK C. DILLON

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2018-02191 Susan Ford, appellant-respondent, v Kenneth Ford, respondent-appellant; Tabat Cohen Blum & Yovino, PC, nonparty-respondent. (Index No. 14001/12)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to strike Points I and II of the respondent-appellant's reply brief on an appeal and a cross appeal from an order of the Supreme Court, Suffolk County, dated November 21, 2017, and to direct the respondent-appellant to pay a one-half share of the cost of the joint record on appeal.

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 strike Points I and II of the respondent-appellant's reply brief is held in abeyance and referred to the panel of Justices hearing the appeal and cross appeal for determination upon the argument or submission thereof; and it is further,

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 on appeal is granted and on or before April 5, 2019, the respondent-appellant shall pay a one-half share of the cost of the joint record on appeal and file proof of payment with this Court.

SCHEINKMAN, P.J., DILLON, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court