Appellate Division: Second Judicial Department

M75993

E/sl

ROBERT A. SPOLZINO, J.P.

ANITA R. FLORIO

HOWARD MILLER

JOHN M. LEVENTHAL, JJ.

2008-01056, 2008-06994 Leyla Aslanova, et al., appellants, v Irina Karban, etc., et al., defendants, Lutheran Medical Center, respondent. (Index No. 16248/05)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from an order of the Supreme Court, Kings County, dated November 13, 2007, and a judgment of the same court entered January 29, 2008, to recall and vacate an order on application dated August 1, 2008, which granted the appellants' application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeals and to dismiss the appeals, or, in the alternative, to strike stated portions of the appellants' appendix and brief on the ground that they contain or refer to matter dehors the record, and to enlarge the respondent's 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 on the court's own motion, the matter is remitted to the Supreme Court, Kings County, for a reconstruction hearing as to the papers filed in connection with the motion that was determined in the order dated November 13, 2007, as the original papers filed with the Clerk of this court do not contain those papers; the Supreme Court, Kings County, shall file report, with all convenient speed, as to whether the record can be reconstructed, and, if so, the report shall set forth the papers that constituted the record; and it is further,

ORDERED that the motion is held in abeyance in the interim.

SPOLZINO, J.P., FLORIO, MILLER and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court