| Manko v Aetna Health, Inc. |
| Motion No: 2010-08467 |
| Slip Opinion No: 2011 NY Slip Op 79143(U) |
| Decided on July 25, 2011 |
| 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
M122977
T/sl
JOSEPH COVELLO, J.P.
CHERYL E. CHAMBERS
PLUMMER E. LOTT
JEFFREY A. COHEN, JJ.
|
2010-08467 Nella Manko, appellant, v Aetna Health, Inc., et al., respondents, et al., defendants. (Index No. 14593/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated December 15, 2009, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix. Separate motion by the appellant, in effect, to adjourn the motion to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of her appendix until after the clerk of the Supreme Court, Kings County, transmits the original papers constituting the record on appeal to this Court, for leave to file a photocopy of her affidavit of service of the appendix and brief, dated March 7, 2011, and for leave to file a replacement cover for one copy of the appendix and brief. Separate applications by the respondent Lenox Hill Hospital, the respondent Dana Manor, and the respondents Aetna Health, Inc., Jane Doe, and Rawlings Company pursuant to 22 NYCRR 670.8(d)(2) to enlarge their time to serve and file their respective briefs.
Upon the papers filed in support of the motions and the applications, and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is, in effect, to adjourn the motion to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal until after the clerk of the Supreme Court, Kings County, transmits the original papers constituting the record on appeal to this Court is denied as unnecessary, as the clerk of the Supreme Court, Kings County, has transmitted the original papers constituting the record on appeal to this Court; and it is further,
ORDERED that the branches of the motion which are for leave to file a photocopy of the appellant's affidavit of service of the appendix and brief, dated March 7, 2011, and for leave to file a replacement cover for one copy of the appendix and brief are granted, and the photocopy of the appellant's affidavit of service of the appendix and brief, dated March 7, 2011, and the replacement cover for one copy of the appendix and brief which were submitted to the Clerk of this Court are accepted for filing; 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 is granted; and it is further,
ORDERED that the applications are granted, and the respondents' time to serve and file their respective briefs is enlarged until August 24, 2011, and the respondents' respective briefs must be served and filed on or before that date.
COVELLO, J.P., CHAMBERS, LOTT and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court