| 336 14th St., LLC v Amy Goffio-mahabir |
| Motion No: 2021-00469 KC |
| Slip Opinion No: 2022 NY Slip Op 70230(U) |
| Decided on August 17, 2022 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th Judicial Districts
THOMAS P. ALIOTTA, P.J.
DONNA-MARIE E. GOLIA
CHEREÉ A. BUGGS, JJ.
DECISION & ORDER ON MOTION
| 336 14th Street, LLC, Appellant-Respondent, v Amy Goffio-Mahabir, Respondent-Appellant, and "John Doe" and "Jane Doe", Respondents. |
Motion by respondent-appellant for an extension of time to serve and file a combined brief on her cross-appeal and in response to appellant-respondent's brief on an appeal from order of the Civil Court of the City of New York, Kings County, entered June 24, 2021. Appellant-respondent cross-moves to dismiss the cross-appeal on the ground that respondent-appellant has failed to pay its share of the fee for the joint record on appeal.
Upon the papers filed in support of the motion and cross-motion and the papers filed in opposition thereto, it is
ORDERED that the motions are consolidated for disposition herein, and it is further,
ORDERED that the motion by respondent-appellant for an extension of time to serve and file a combined brief on her cross-appeal and in response to appellant-respondent's brief is granted, and respondent-appellant shall serve and file her brief within 7 days of the date of this decision and order on motion; and it is further,
ORDERED that appellant-respondent's cross-motion to dismiss is denied on condition that within 15 days of the date of this decision and order on motion, respondent-appellant pay her share of the cost of the joint record in accordance with 22 NYCRR 731.7(f) and file proof of payment with this court by email at [email protected]; and it is further,
ORDERED that in the event respondent-appellant fails to pay its share of the joint record within 15 days of the date of this decision and order on motion, the cross-appeal will be dismissed without further notice.
ENTER:
Paul Kenny
Chief Clerk