Abdella v. Scribner

Petitioner-appellant, hereafter referréd to as appellant, moves by way of order to show cause to vacate *801the judgment and bill of costs entered in the office of the Clerk of Fulton County on November 12, 1971 following an order of affirmance with costs on October 21,1971 by the Appellate Division [37 A D 2d 917] of a judgment in favor of the respondents in the above-entitled actions. The only-issue to be decided on this motion is whether the disbursement of $1,715.35, for printing respondents’ appendix and brief on the appeal to the Appellate Division, is a proper cost under CPLR 5528 and 8301.