| Galindo v Westchester County Healthcare Corporation |
| Motion No: 2009-00536 |
| Slip Opinion No: 2009 NY Slip Op 88521(U) |
| Decided on November 13, 2009 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M94379
E/sl
REINALDO E. RIVERA, J.P.
HOWARD MILLER
THOMAS A. DICKERSON
SHERI S. ROMAN, JJ.
|
2009-00536 Edixon Galindo, etc., et al., respondents, v Westchester County Healthcare Corporation, et al., defendants, South Shore Medical Center, et al., appellants. (Index No. 05-22171)
| DECISION & ORDER ON MOTION |
Motion by the respondents to enlarge the record on an appeal from an order of the Supreme Court, Suffolk County, dated December 29, 2008, to include the transcript of a certain deposition. Cross motion by the appellants to strike Point II of the respondents' brief on the ground that it refers to matter dehors the record.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross motion is granted, Point II of the respondents' brief is stricken, and on or before November 30, 2009, the respondents shall either remove the stricken material from the copies of the brief filed with the Clerk of the court or serve and file a replacement brief that does not refer to matter dehors the record; and it is further,
ORDERED that the appellants' time to serve and file a reply brief is enlarged until December 15, 2009, and the reply brief must be served and filed on or before that date.
RIVERA, J.P., MILLER, DICKERSON and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court