Appellate Division: Second Judicial Department

M122459

E/sl

PETER B. SKELOS, J.P.

RANDALL T. ENG

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2010-05404 Lina Montemurro, appellant, v Memorial Sloan-Kettering Cancer Center, et al., defendants, Memorial Hospital for Cancer and Allied Disease, et al., respondents. (Index No. 25647/06)

DECISION & ORDER ON MOTION

Motion by the respondent Michael Melgar to dismiss an appeal from an order of the Supreme Court, Queens County, entered April 6, 2010, on the ground that the appellant's appendix is inadequate, or to enlarge the time to serve and file a brief. Separate motion by the respondents Memorial Sloan-Kettering Cancer Center, Memorial Hospital for Cancer and Allied Disease, and Manjit S. Bains, to dismiss the appeal on the ground that the appellant's appendix is inadequate, or to enlarge the time to serve and file a brief. Cross motion by the appellant, in effect, to serve and file a replacement appendix.

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

ORDERED that the cross motion is granted, and the appellant shall serve and file a replacement appendix on or before August 31, 2011; and it is further,

ORDERED that the branches of the motions which are to dismiss the appeal are denied; and it is further,

ORDERED that the branches of the motions which are to enlarge the respondents' time to serve and file their respective briefs are granted, and the respondents' time to serve and file their briefs is enlarged until October 5, 2011, and the respondents' briefs must be served and filed on or before the date.

SKELOS, J.P., ENG, AUSTIN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court