Appellate Division: Second Judicial Department

M56981

S/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

DAVID S. RITTER

ROBERT A. LIFSON, JJ.

2006-03009, 2006-07764, 2006-11590 Lillian Marus, etc., plaintiff-respondent, v Village Medical, et al., appellants, Vincent J. Bosco, defendant-respondent. (Index No. 03-2905)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from a judgment of the Supreme Court, Westchester County, entered February 24, 2006, and two orders of the same court entered July 6, 2006, and December 5, 2006, respectively, to amend the record on appeal to conform with an order of the same court dated April 26, 2007, which settled the trial transcript, and to strike stated portions of the plaintiff-respondent's brief. By decision and order dated June 1, 2007, the motion was held in abeyance pending determination by the Supreme Court, Westchester County, of the plaintiff-respondent's motion to renew and reargue the appellants' motion to settle the trial transcript. The Supreme Court, Westchester County, determined the motion to renew and reargue by order dated June 21, 2007.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the order of the Supreme Court, Westchester County, dated June 21, 2007, it is

ORDERED that the branch of the motion which is to amend the record on appeal to conform with the order dated April 26, 2007, is granted and on or before July 31, 2007, the appellants shall either (1) correct the copies of the record on appeal on file with the Clerk of this court to conform with the orders dated April 26, 2007, and June 21, 2007, (2) file a supplemental record containing corrections to the transcripts to conform to the orders dated April 26, 2007, and June 21, 2007, or (3) file a replacement record; and it is further,

ORDERED that the branch of the motion which was to strike stated portions of the plaintiff-respondent's brief is granted and on or before July 31, 2007, the plaintiff-respondent shall either (1) correct page 7 and pages 48 through 51 of her brief to comply with the orders dated April 26, 2007, and June 21, 2007, or (2) file a replacement brief to conform with those orders; and it is further,

ORDERED that if the plaintiff-respondent files a replacement brief, the appellants, if they be so advised, may file a replacement reply brief on or before August 15, 2007.

MILLER, J.P., CRANE, RITTER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court