Appellate Division: Second Judicial Department

M104505

E/sl

WILLIAM F. MASTRO, J.P.

ANITA R. FLORIO

ARIEL E. BELEN

CHERYL E. CHAMBERS, JJ.

2009-06869 Dora H. Quinones, appellant, v Long Island Jewish Medical Center, respondent, et al., defendant. (Index No. 5176/01)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, entered June 12, 2009, on the ground that the record on appeal is inadequate 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 dismiss the appeal is denied on condition that on or before July 19, 2010, the appellant serve and file a supplemental record containing the following documents:

(1) Exhibit E to the affirmation of Janet Fasakin dated March 20, 2009;

(2) Exhibit F to the affirmation of Janet Fasakin dated March 20, 2009;

(3) Exhibit J to the affidavit of Jeffrey (Hsiuen) F. Chen, dated May 20, 2008, the reply affirmation in support of the appellant's motion for a default judgment and in opposition to the respondent's cross motion to impose a sanction upon the appellant, and the reply affidavit in support of the respondent's cross motion to impose a sanction, with annexed Exhibits A and B, which are contained in Exhibit J to the affidavit of Jeffrey (Hsiuen) F. Chen, dated April 27, 2009;

(4) Exhibits N through Q of the affidavit of Jeffrey (Hsiuen) F. Chen, dated April 27, 2009; and

(5) affirmation of Janet Fasakin dated May 19, 2009; 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 August 18, 2010, and the respondent's brief must be served and filed on or before that date.

MASTRO, J.P., FLORIO, BELEN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court