Appellate Division: Second Judicial Department

M88649

S/sl

FRED T. SANTUCCI, J.P.

JOSEPH COVELLO

JOHN M. LEVENTHAL

ARIEL E. BELEN, JJ.

2008-11519 Felix Rivera, respondent, v Lutheran Medical Center, et al., defendants; Morgan, Lewis & Bockius, LLP, nonparty-appellant. (Index No. 22050/05)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated June 3, 2009, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the respondent, inter alia, to strike the record and the nonparty-appellant's brief on an appeal from an order of the Supreme Court, Kings County, dated October 16, 2008, to direct the nonparty-appellant to file a replacement record and brief, and to enlarge his 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 branches of the motion which are to strike the record on appeal and the nonparty-appellant's brief and to direct the nonparty-appellant to file a replacement record and brief are granted, the record on appeal and the nonparty-appellant's brief are stricken, and on or before July 1, 2009, the nonparty-appellant shall serve and file a replacement record that contains any motion papers filed with the Supreme Court, Kings County, which resulted in the order appealed from and that does not contain matter dehors the record, and a 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 July 31, 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.

SANTUCCI, J.P., COVELLO, LEVENTHAL and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court