Appellate Division: Second Judicial Department

M95796

E/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

L. PRISCILLA HALL

SANDRA L. SGROI, JJ.

2009-02957, 2009-06952 Signature Medical Management Group, LLC, respondent, v Michael Carlin, etc., et al., appellants. (Index No. 12156/02)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from two orders of the Supreme Court, Nassau County, entered March 12, 2009, and July 6, 2009, respectively, to enlarge the record to include an order of the same court dated October 1, 2009, to enlarge the time to serve and file a brief, and to strike the appellants' brief on the grounds that, inter alia, the brief is inadequate and improperly raises arguments for the first time on appeal.

Upon the papers filed in support of the motion and the papers filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to enlarge the record to include the order of the same court dated October 1, 2009, is granted, and on or before January 11, 2010, the respondent shall serve and file a supplemental record containing that order; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file the respondent's brief is granted, the respondent's time to serve and file a brief is enlarged until January 11, 2010, 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.

DILLON, J.P., FLORIO, HALL and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court