Appellate Division: Second Judicial Department

M107648

E/sl

ANITA R. FLORIO, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2009-03661, 2009-04744 Nella Manko, appellant, v Lenox Hill Hospital, respondent. (Index No. 30972/04)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Kings County, both dated January 22, 2009, inter alia, to strike stated portions of the respondent's appendix and brief filed in connection with the appeal under Appellate Division Docket No. 2009-04744 on the ground that they contain or refer to matter dehors the record. Separate motion by the appellant pro se to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix filed in connection with the appeal under Appellate Division Docket No. 2009-03661.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motion, inter alia, to strike stated portions of the respondent's appendix and brief is granted to the extent that pages RA1 through RA 64 are stricken from the respondent's appendix filed in connection with the appeal under Appellate Division Docket No. 2009-04744, and the respondent's brief is stricken, and on or before October 8, 2010, the respondent shall remove that material from the copies of the respondent's appendix filed with the Clerk of the Court or serve and file a replacement appendix that does not contain that material, and on or before October 8, 2010, the respondent shall serve and file a replacement brief that does not refer to the stricken material, and that motion is otherwise denied; and it is further,

ORDERED that the motion to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix filed in connection with the appeal under Appellate Division Docket No. 2009-03661 is granted on condition that on or before October 8, 2010, the appellant remove pages 227 through 234, 237 through 246, 254 through 259, 394 through 395, 506 through 509, and 519 through 524 from the copies of the appellant's appendix filed with the Clerk of the Court filed in connection with the appeal under Appellate Division Docket No. 2009-03661 or serve and file a replacement appendix that does not contain that material; and it is further,

ORDERED that the respondent's time to serve and file a brief in connection with the appeal under Appellate Division Docket No. 2009-03661 is enlarged until November 8, 2010, and the respondent's brief must be served and filed on or before that date.

FLORIO, J.P., DICKERSON, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court