Appellate Division: Second Judicial Department

M120438

E/sl

MARK C. DILLON, J.P.

ARIEL E. BELEN

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2010-04155 Sadik Balidemaj, et al., appellants, v Maimonides Medical Center, et al., respondents. (Index No. 21242/03)

DECISION & ORDER ON MOTION

Motion by the appellants to direct the respondents and trial counsel for the plaintiffs to provide the appellants with exhibits marked at the trial of the above-entitled action on an appeal from a judgment of the Supreme Court, Kings County, entered April 19, 2010, and to enlarge the time to perfect the appeal. Cross motion by the respondent Maimonides Medical Center, and separate cross motion by the respondents Jerzy Marek Macura and United Surgical Associates, P.C., to dismiss the appeal for failure to timely perfect and to limit the issues raised on the appeal.

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

ORDERED that the branch of the motion which is to direct the respondents and trial counsel for the plaintiffs to provide the appellants with exhibits is denied with leave to renew on or before June 6, 2011, upon proper papers including a statement identifying the specific relevant exhibits which the appellants seek to be provided with and the basis therefore; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellants' time to perfect the appeal is enlarged until June 22, 2011, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,

ORDERED that the cross motions are denied.

DILLON, J.P., BELEN, SGROI and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court