Appellate Division: Second Judicial Department

M97477

S/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

JOHN M. LEVENTHAL

SHERI S. ROMAN, JJ.

2009-05362 George Moran, etc., et al., plaintiffs-respondents, v Harrison Mu, etc., et al., defendants-respondents, Wyckoff Heights Medical Center, defendant third-party plaintiff-respondent, et al., defendants; Kara Christian, etc., third-party defendant-appellant. (Index No. 75766/08)

DECISION & ORDER ON MOTION

Motion by the defendant third-party plaintiff-respondent to dismiss the appeal on the ground that the record is incomplete or to enlarge the time to serve and file a brief. Cross motion by the appellant for leave to supplement the record on appeal.

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

ORDERED that the cross motion is granted, on or before February 15, 2010, the appellant shall (1) remove pages 78 through 81 from the copies of the record on appeal on file with the Clerk of this court and replace them with complete copies of the subject pages (2) file a supplemental record containing the Decree Granting Probate annexed as part of Exhibit C of the movant's cross motion and an affirmation dated March 19, 2009, submitted by the plaintiffs in support of the cross motion, or (3) serve and file a replacement record; and it is further,

ORDERED that the branch of the motion which is to enlarge time for the respondent's to serve and file briefs is granted and the respondents' briefs shall be served and filed on or before March 22, 2010; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., FLORIO, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court