| Singh v North Shore University Hospital |
| Motion No: 2009-10708 |
| Slip Opinion No: 2010 NY Slip Op 64464(U) |
| Decided on March 1, 2010 |
| 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
M99145
E/sl
WILLIAM F. MASTRO, J.P.
PETER B. SKELOS
ARIEL E. BELEN
SHERI S. ROMAN, JJ.
|
2009-10708 Frank Singh, etc., et al., plaintiffs-appellants, v North Shore University Hospital, et al., respondents; Andrew Rosner, nonparty- appellant (Index No. 6512/06)
| DECISION & ORDER ON MOTION |
Motion by the respondents on appeals from an order of the Supreme Court, Queens County, entered October 7, 2009, to strike the appellants' appendix and brief on the ground that they contain or refer to matter dehors the record, to dismiss the nonparty-appellant's appeal from so much of the order as awards them costs and trial expenses, and to enlarge the 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 branch of the motion which is to strike the appellants' appendix and brief on the ground that they contain or refer to matter dehors the record is granted to the extent that pages A-95 through A-123 and A-145 through A-256 of the appellants' appendix as well as following references to those pages of the appendix in the appellants' brief are stricken (1) the last full paragraph on page 3; (2) the third paragraph on page 4; (3) the first sentence of the second paragraph on page 8; (4) the first paragraph on page 19; and (5) the first paragraph on page 20; and on or before March 11, 2010, the appellants shall remove the above-referenced material from the copies of the appellants' appendix and brief filed with the Clerk of the court or serve and file replacement appendices and briefs that do not contain the stricken material; and it is further,
ORDERED that the branch of the motion which is to dismiss the nonparty-appellant's appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until April 12, 2010, and the respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
MASTRO, J.P., SKELOS, BELEN and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court