Appellate Division: Second Judicial Department

M87223

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REINALDO E. RIVERA, J.P.

HOWARD MILLER

RUTH C. BALKIN

LEONARD B. AUSTIN, JJ.

2008-09019, 2008-11101 Christopher Coleman, etc., respondent-appellant, v Putnam Hospital Center, et al., appellants- respondents, et al., defendant. (Index No. 1796/01)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant on appeals and a cross appeal from two orders of the Supreme Court, Putnam County, both dated September 8, 2008, to strike stated portions of the brief of the appellants-respondents Marcel Goldberger and Obstetrical & Gynecological Associates of Putnam, P.C., and to enlarge the time to serve an answering brief, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]).

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 enlarge the time to serve an answering brief, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]) is granted to the extent that the respondent-appellant's time to serve an answering brief, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), is enlarged until June 26, 2009, and the answering brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., MILLER, BALKIN and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court