Appellate Division: Second Judicial Department

M49190

E/sl

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

GLORIA GOLDSTEIN

JOSEPH COVELLO, JJ.

2006-01128 Kahron Bucknor, etc., et al., respondents, v New York City Health & Hospitals Corporation (Queens Hospital Center), appellant. (Index No. 22798/04)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from an order of the Supreme Court, Queens County, dated October 27, 2005, to strike certain portions of the appellant's brief on the ground that it refers to matter dehors the record, 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 or relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the following material is stricken from the appellant's brief:

(1) The last sentence on page 3, which begins with the words "All of the Apgar scores" through and including the sentence enclosed in parenthesis on page 4, which ends with the words "rarely assigned)";

(2) The citation to "Williams Obstetrics" and parenthetical material, which begins on page 35 and ends on page 36 with the words "dysfunction"; and it is further,

ORDERED that on or before January 23, 2007, the appellant shall either delete or remove that material from the copies of the appellant's brief on file with the Clerk of this court or serve and file a replacement brief that does not contain the stricken material; and it is further,

ORDERED that the respondents' time to serve and file a brief is enlarged until February 22, 2007, and the respondents' brief must be served and filed on or before that date.

CRANE, J.P., RIVERA, GOLDSTEIN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court