Appellate Division: Second Judicial Department

M39162

Y/nal

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

JOSEPH COVELLO, JJ.

2005-06228 Victor M. Serby, etc., et al., respondents, v Long Island Jewish Medical Center, et al., et al., appellants, et al., defendants. (Index No. 20159/01)

DECISION & ORDER ON MOTION

Separate motions by (1) the appellant Long Island Jewish Medical Center and (2) the appellant Harold Thies to strike portions of the respondents' brief on an appeal from an order of the Supreme Court, Queens County, dated March18, 2006, on the ground that it refers to matter dehors the record, and to enlarge the time to serve and file reply briefs. Cross motion by the respondents to dismiss the appeal of the appellant Long Island Jewish Medical Center, on the ground that the appellant has delayed the proceedings.

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

ORDERED that the branches of the motions which are to strike portions of the respondents' brief are held in abeyance, and are referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal; and it is further,

ORDERED the branches of the motion which are for enlargements of time are granted; and it is further,

ORDERED that the appellants' time to serve and file reply briefs is enlarged until May 15, 2006, and the reply briefs must be served and filed on or before that date; and it is further,

ORDERED that the cross motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court