Appellate Division: Second Judicial Department

M38522

A/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

JOSEPH COVELLO, JJ.

2005-08475, 2005-08476 Patrick Gilbert, appellant, v Kingsbrook Jewish Medical Center, et al., respondents (and a third-party action). (Index No. 20051/96)

DECISION & ORDER ON MOTION

Motion by the respondent Serge Elevator Co., Inc., on appeals from two orders of the Supreme Court, Kings County, dated June 13, 2000, and July 29, 2005, respectively, to dismiss the appeals on the ground that the record on appeal contains matter dehors the record and is incomplete, or, in the alternative, to strike the material dehors the record and to direct the appellant to serve and file a supplemental record, and cross motion by the appellant for leave to serve and file a supplemental record, to strike the brief of the respondent Serge Elevator Co., Inc., on the ground that it refers to matter dehors the record, to enlarge the time to serve and file a reply brief, to impose a sanction against the appellant, and for an attorney's fee.

Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition or relation thereto, it is

ORDERED that the branch of the motion which is to direct the appellant to serve and file a supplemental record and the branch of the cross motion which is for leave to serve and file a supplemental record are granted, and on or before May 19, 2006, the appellant shall serve and file a supplemental record containing Exhibits E and F to the order to show cause dated February 2, 2000; and it is further,

ORDERED that the branch of the cross motion which is to enlarge the time to serve and file a reply brief is granted, and the reply brief shall be served and filed on or before May 19, 2006; and it is further,

ORDERED that the motion and the cross motion are otherwise denied.

MASTRO, J.P., RIVERA, SKELOS and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court