Matter of Signature Health Center, LLC v New York State Of
Motion No: 2011-09760
Slip Opinion No: 2012 NY Slip Op 73131(U)
Decided on May 14, 2012
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

M137647

E/sl

MARK C. DILLON, J.P.

RANDALL T. ENG

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2011-09760

In the Matter of Signature Health Center, LLC,

appellant, v New York State Office of the

Medicaid Inspector General, respondent.

(Index No. 8251/11)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, dated August 3, 2011, on the ground that the record on appeal is inadequate and contains matter dehors the record or to direct the appellant to file a supplemental record containing certain exhibits. Cross motion by the appellant pursuant to 22 NYCRR 670.10.2(b)(6)(ii) for permission to omit certain exhibits from the record on appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to direct the appellant to file a supplemental record containing certain exhibits is granted and on or before June 13, 2012, the appellant shall serve and file a supplemental record containing complete copies of the exhibits designated as Exhibits A-1, A-2, and A-3 of the respondent's answer; and it is further,

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

ORDERED that the cross motion is denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court