Balidemaj v Maimonides Medical Center
Motion No: 2010-04155
Slip Opinion No: 2011 NY Slip Op 81064(U)
Decided on August 16, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M124265

E/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

JEFFREY A. COHEN, JJ.

2010-04155

Sadik Balidemaj, et al., appellants,

v Maimonides Medical Center, et al.,

respondents.

(Index No. 21242/03)

DECISION & ORDER ON MOTION

Separate motions by the respondent Maimonides Medical Center and the respondents Jerzy Marek Macura and United Surgical Associates, P.C., to dismiss an appeal from a judgment of the Supreme Court, Kings County, entered April 19, 2010, for failure to timely perfect. Cross motion by the appellants, inter alia, to direct the respondents and trial counsel for the plaintiffs to provide the appellants with all exhibits offered or marked at trial and to enlarge the time to perfect the appeal.

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 branch of the cross motion which is to direct the respondents and trial counsel for the plaintiffs to provide the appellants with all exhibits offered or marked at trial is granted to the extent that on or before August 30, 2011, the respondents and trial counsel for the plaintiffs shall, to the extent not previously provided, provide the appellants with exhibits in their possession which were admitted at trial or were the subject of an unsuccessful application by the appellants' trial counsel to be admitted at trial; and it is further,

ORDERED that the branch of the cross motion which is to enlarge the time to perfect the appeal is granted, the appellants' time to perfect the appeal is enlarged until October 14, 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 no further enlargement of time shall be granted; and it is further,

ORDERED that the cross motion is otherwise denied; and it is further,

ORDERED that the motions are denied.

DILLON, J.P., CHAMBERS, HALL and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court