Appellate Division: Second Judicial Department

M45111

S/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. By decision and order on motion dated August 18, 2006, the matter was 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 was held in abeyance in the interim. The Supreme Count, Nassau County, has filed its report.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the report of the Supreme Court, Nassau County, it is

ORDERED that the branch of the motion which is to strike the record on appeal or to direct the appellants to supplement the record is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, and the respondents' brief shall be served and filed on or before October 27, 2006.

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

ENTER:

James Edward Pelzer

Clerk of the Court