Appellate Division: Second Judicial Department

M75076

E/sl

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2008-03299 Estate of Mirco Teta, etc., respondent, v Mercy Medical Center, et al., appellants, et al., defendants. (Index No. 1743/07)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to strike the record and, in effect, to strike the appellant's brief on an appeal from order of the Supreme Court, Nassau County, dated April 8, 2008, on the ground that they contain or refer to matter dehors the record, for an award of costs and fees, and to enlarge the time to serve and file a brief. Cross motion by the appellants to enlarge the record on appeal to include certain documents.

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

ORDERED that the branch of the motion which is to strike the record is granted to the extent that pages 266 through 685 of the record are stricken and on or before September 18, 2008, the appellants shall either remove those pages from the copies of the record on appeal filed with the Clerk of the court or serve and file a replacement record that does not contain the stricken material; and it is further,

ORDERED that the branch of the motion which is, in effect, to strike the appellants' brief is granted and on or before September 18, 2008, the appellants shall serve and file a replacement brief that does not refer to matter dehors the record; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until October 17, 2008, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the cross motion is denied.

MASTRO, J.P., SKELOS, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court