| Paruolo v Yormak |
| Motion No: 2005-08211 |
| Slip Opinion No: 2006 NYSlipOp 73452(U) |
| Decided on July 31, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M42643
S/sl
A. GAIL PRUDENTI, P.J.
FRED T. SANTUCCI
GABRIEL M. KRAUSMAN
MARK C. DILLON, JJ.
|
2005-08211 Stephen Paruolo, et al., appellants, v Jeffery Yormak, etc., et al., defendants, Northern Westchester Medical Center, respondent. (Index No. 22136/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Westchester County, dated August 1, 2005, to strike the trial transcript from the record on appeal and all references thereto in the appellants' brief on the ground that the trial transcript constitutes material dehors the record, and separate application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is referred to the panel of Justices hearing the appeal for determination upon the argument or submission of the appeal; and it is further,
ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged, and the respondent's brief shall be served and filed on or before August 31, 2006.
PRUDENTI, P.J., SANTUCCI, KRAUSMAN and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court