Appellate Division: Second Judicial Department

M66034

E/sl

STEVEN P. FISHER, J.P.

HOWARD MILLER

WILLIAM E. McCARTHY

CHERYL E. CHAMBERS, JJ.

2007-02905 Joseph T. Mecca, et al., plaintiffs-respondents, v Carmen Shang, etc., et al., defendants-respondents; New York State Department of Health, nonparty- appellant. (Index No. 10691/97)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from an order of the Supreme Court, Richmond County, dated January 12, 2007, inter alia, to strike the record on appeal as inadequate or for leave to file a supplemental record containing the deposition transcript of Janine Y. Daniels-Rivera 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 thereto, it is

ORDERED that the branch of the motion which is for leave to file a supplemental record containing the deposition transcript of Janine Y. Daniels-Rivera is granted, and on or before March 12, 2008, the respondent shall serve and file a supplemental record containing that deposition transcript; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until March 12, 2008, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

FISHER, J.P., MILLER, McCARTHY and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court