Appellate Division: Second Judicial Department

M49197

E/sl

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

GLORIA GOLDSTEIN

JOSEPH COVELLO, JJ.

2006-05040 Anesthesia Associates of Mount Kisco, LLP, et al., respondents-appellants, v Northern Westchester Hospital Center, et al., appellants-respondents. (Index No. 03-5105)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants on appeals and a cross appeal from an order of the Supreme Court, Westchester County, entered May 3, 2006, inter alia, to direct the appellants-respondents to serve and file a joint supplemental record containing certain material and to enlarge their time to serve and file an answering brief, including their points of argument on the cross appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to direct the appellants-respondents to serve and file a joint supplemental record containing certain material is granted to the extent that on or before January 23, 2007, the appellants-respondents shall serve and file a joint supplemental record containing the reply papers submitted by the respondents-appellants in connection with the motion by the respondents-appellants to compel discovery and for sanctions and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file an answering brief, including points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), is granted, the respondents-appellants' time to serve and file the answering brief is enlarged until February 22, 2007, and the answering brief, if any, must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court