Opinion
2012-05537 2012-05539 Index No. 9927/02 M151180
02-08-2013
Annemarie McAvoy, respondent-appellant, v. John Hannigan, appellant-respondent.
, P.J.
THOMAS A. DICKERSON
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
DECISION & ORDER ON MOTION
Motion by appellant-respondent to dismiss cross appeals from two orders of the Supreme Court, Queens County, entered February 23, 2012, and May 29, 2012, respectively, for failure to pay one half of the cost of the joint record. Cross motion by the respondent-appellant, inter alia, to vacate a stay of enforcement of so much of the order entered May 29, 2012, as transferred residential custody of the subject child to the respondent.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition and in relation thereto, it is
ORDERED that the motion is denied on condition that on or before February 25, 2013, the respondent-appellant pay the appellant-respondent one half of the cost of the joint record and file proof of payment with the Clerk of the Court; if the respondent-appellant fails to comply with the foregoing, the Court shall issue an order, without further notice, dismissing the cross appeal; and it is further,
ORDERED that the cross motion is denied.
ENG, P.J., DICKERSON, AUSTIN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court