Appellate Division: Second Judicial Department

M39871

E/sl

THOMAS A. ADAMS, J.P.

FRED T. SANTUCCI

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2006-01730 Tatyana Shirinova, et al., appellants, v New York City Health and Hospitals Corp., et al., respondents. (Index No. 26867/03)

DECISION & ORDER ON MOTION

Motion by the respondents New York City Health and Hospitals Corp., Coney Island Hospital, and Jonathan Silver to enlarge the record on an appeal from an order of the Supreme Court, Kings County, dated February 9, 2006, to include an affirmation of Kari A. Merolesi dated February 21, 2006, and cross motion by the appellants to strike the brief of the respondents New York City Health and Hospitals Corp., Coney Island Hospital, and Jonathan Silver on the ground that it refers to matter dehors the record or, alternatively, to enlarge the time to serve and file a reply brief.

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

ORDERED that the motion is granted and on or before June 2, 2006, the respondents New York City Health and Hospitals Corp., Coney Island Hospital, and Jonathan Silver shall serve and file a supplemental record containing the affirmation of Kari A. Merolesi dated February 21, 2006; 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, the appellants' time to serve and file a reply brief is enlarged until June 12, 2006, and the reply brief must be served and filed on or before that date; and it is further,

ORDERED that the cross motion is otherwise denied.

ADAMS, J.P., SANTUCCI, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court