| Dywanna L. Hall & Tanika Meyers, An Infant Under Ages of Fourteen (14) Years By Her Mother Dywanna L. Hall v Mobile Diagnostic Testing Servs., Inc., & Robert Zeller, Individually |
| Motion No: 2006-00424 QC |
| Slip Opinion No: 2006 NYSlipOp 80654(U) |
| Decided on November 14, 2006 |
| Appellate Term, 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 TERM : 2nd and 11th JUDICIAL DISTRICTS
| DYWANNA L. HALL and TANIKA MEYERS, an infant under the ages of fourteen (14) years by her mother DYWANNA L. HALL, Appellants, -against- MOBILE DIAGNOSTIC TESTING SERVICES, INC., and ROBERT ZELLER, Individually, Respondents. |
DECISION
That branch of the motion by respondents to strike the printed record on appeal filed with plaintiffs'-appellants' brief is denied as academic.
That branch of the motion seeking an enlargement of time to submit a respondents' brief is granted, and said brief shall be served and filed by respondents within 21 days of the date of the order hereon. Appellants, if they be so advised, may serve and file a reply brief within 14 days of the date that the respondents' brief is due to be filed pursuant to this order.
The record to be reviewed is the return from the clerk of the lower court and not the printed record on appeal filed with plaintiffs-appellants' brief (CCA 1704).