Appellate Division: Second Judicial Department

M85719

E/cb

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, inter alia, to strike stated portions of the appellants' appendix and to strike the appellants' 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 and appendix. By decision and order on motion dated September 19, 2008, the matter was 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, to report as to whether the record can be reconstructed, and, if so, to set forth the papers that constituted the record, and the motion was held in abeyance in the interim.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the report of the Supreme Court, Kings County, dated January 26, 2009, it is

ORDERED that the branch of the motion which is to strike stated portions of the appellants' appendix and to strike the appellants' brief is granted, pages A213 through A216 and pages A255 through A261 of the appellants' appendix, and the appellants' brief are stricken, on or before May 26, 2009, the appellants shall remove the stricken material from the copies of the appellants' appendix filed with the Clerk of the court or serve and file a replacement appendix that does not contain the stricken material, and on or before May 26, 2009, the appellants shall serve and file a replacement brief that does not refer to the stricken material; 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 and appendix is granted, the respondent's time to serve and file a brief and appendix is enlarged until June 25, 2009, and the respondent's brief and appendix must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied..

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

ENTER:

James Edward Pelzer

Clerk of the Court