Appellate Division: Second Judicial Department

M35495

Y/nal

STEPHEN G. CRANE, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

MARK C. DILLON, JJ.

2005-03823 Sergey Sushchenko, et al., appellants, v Dyker Emergency Physicians Service, P.C., et al., respondents, et al., defendant. (Index No. 16004/00)

DECISION & ORDER ON MOTION

Motion by the respondent Victory Memorial Hospital to dismiss an appeal from an order of the Supreme Court, Kings County, dated March 16, 2005, on the ground that the transcript was not properly settled and is incomplete and application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file the respondents' briefs.

Upon the papers filed in support of the motion and application and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal is denied on condition that on or before March 10, 2006, the appellant (1) properly settles the trial transcript in accordance with CPLR 5525 and (2) either [a] serves and files a replacement record containing a complete copy of the properly-settled transcript, [b] serves and files a supplemental record containing a complete copy of the properly settled transcript and removes from the original record those pages containing portions of the unsettled trial transcript, or [c] serves and files an affirmation in accordance with the provisions of CPLR 5525(c)(2) in the event that there are no proposed amendments or objections to the transcript by the respondents and files a supplemental record containing the missing portions of the transcript; and it is further,

ORDERED that the application is granted and the respondents' time to serve and file their briefs is enlarged until April 10, 2006, and the respondents' briefs must be served and filed on or before that date.

CRANE, J.P., KRAUSMAN, RIVERA and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court