Appellate Division: Second Judicial Department

M80826

E/sl

ROBERT A. SPOLZINO, J.P.

FRED T. SANTUCCI

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2008-04060 Pilar Lopez Apiado, appellant, v North Shore University Hospital (At Syosset), respondent. (Index No. 5505/04)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, dated April 1, 2008, on the ground that the appellant's appendix is inadequate or to direct the appellant to file a supplemental appendix, for an award of costs and an attorney's fee and to impose a sanction against the appellant, 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 to direct the appellant to file a supplemental appendix is granted to the extent that on or before February 9, 2009, the appellant shall serve and file a supplemental appendix containing the respondent's notice of motion and any affirmations annexed thereto, the appellant's notice of cross motion, the respondent's affirmation in opposition to the cross motion, and any relevant exhibits; 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 March 11, 2009, 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.

SPOLZINO, J.P., SANTUCCI, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court