Montefiore Medical Center v Hartford Accident & Indemn
Motion No: 2006-05192
Slip Opinion No: 2006 NYSlipOp 74088(U)
Decided on August 18, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M43568

C/sl

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

ROBERT A. LIFSON

JOSEPH COVELLO, JJ.

2006-05192

Montefiore Medical Center, etc., et al.,

appellants, v Hartford Accident & Indemnity

Company, et al., respondents.

(Index No. 8422/05)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from an order of the Supreme Court, Nassau County, dated April 10, 2006, to strike the record on appeal or to direct the appellants to supplement the record on appeal to include the reply affirmation of Christopher Zanelotti dated February 7, 2006, and 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 thereto, it is

ORDERED that the matter is remitted to the Supreme Court, Nassau County, to report on whether it considered the reply affirmation of Christopher Zanelotti dated February 7, 2006, in determining the motion which resulted in the order dated April 10, 2006, and the motion is held in abeyance in the interim. The Supreme Count, Nassau County, shall file its report with all convenient speed.

MILLER, J.P., SCHMIDT, LIFSON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court