Appellate Division: Second Judicial Department

M59532

S/sl

FRED T. SANTUCCI, J.P.

ANITA R. FLORIO

PETER B. SKELOS

THOMAS A. DICKERSON, JJ.

2007-03768 Anesthesia Associates of Mount Kisco, LLP, et al., appellants-respondents, v Northern Westchester Hospital Center, et al., respondents-appellants. (Index No. 03-5105)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents on an appeal and cross appeal from an order of the Supreme Court, Westchester County, entered March 8, 2007, to "direct[] the content of the joint record on appeal." By decision and order on motion dated July 31, 2007, the matter was remitted to the Supreme Court, Westchester County, to report on the issue of whether the court considered papers submitted on a motion in an action entitled Baer v Anesthesia Associates of Mount Kisco, pending in the same court under Index No. 04-4611 which resulted in an order dated December 20, 2006, in determining the motion for summary judgment that forms the basis of this appeal, and the motion to "direct[] the content of the joint record on appeal" was held in abeyance in the interim. The Supreme Court, Westchester 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, Westchester County, it is

ORDERED that the motion is granted and the record on appeal shall not contain the papers submitted on a motion in an action entitled Baer v Anesthesia Associates of Mount Kisco, pending in the same court under Index No. 04-4611 which resulted in an order dated December 20, 2006.

SANTUCCI, J.P., FLORIO, SKELOS and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court