Calli v Forest View Center for Rehabilitation and Nursing,
Motion No: 2011-02996
Slip Opinion No: 2011 NY Slip Op 82007(U)
Decided on August 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M124884

E/sl

WILLIAM F. MASTRO, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL, JJ.

2011-02996

Lawrence Calli, respondent-appellant,

v Forest View Center for Rehabilitation and

Nursing, Inc., respondent, Precision Health, Inc.,

doing business as, Medfax Portable Diagnostics,

appellant-respondent.

(Index No. 1998/08)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants to waive the requirement that they pay one half of the cost of the joint record on an appeal and cross appeal from an order of the Supreme Court, Queens County, dated February 4, 2011.

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

ORDERED that the motion is denied, and on or before September 7, 2011, the respondents-appellants shall file proof of payment of one-half the cost of the joint record or their brief will be stricken; and it is further,

ORDERED that on the Court's own motion, the respondent's time to serve and file its brief is enlarged until October 24, 2011, and the respondent's brief shall be served and filed on or before that date.

MASTRO, J.P., COVELLO, ANGIOLILLO and LEVENTHAL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court