Appellate Division: Second Judicial Department

M141130

E/ct

ANITA R. FLORIO, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2011-02745 Hassan O. G. Alamin, appellant, v Shake Uddin, et al., respondents. (Index No. 38425/02)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated February 13, 2011, on the ground that the record on appeal is inadequate or, in the alternative, to direct the appellant to serve and file a supplemental record and to enlarge their time to serve and file a brief.

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

ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the motion which is to direct the appellant to serve and file a supplemental record is granted, and on or before September 10, 2012, the appellant shall serve and file a second supplemental record containing (1) attachment to letter from Irene Ermogeneous to Law Clerk of Hon. Yvonne Lewis dated June 7, 2010, (2) Exhibits A, B, and C to letter from the appellant to Hon. Yvonne Lewis dated August 10, 2012, (3) affirmation of Dr. Ranga C. Krishna regarding an examination conducted on August 6, 2007, (4) affirmation of Dr. William B. Wilkins dated August 27, 2010, (5) unsworn records from Nolia Medical, P.C., dated July 9, 2008, and (6) unsworn records from Foster Comprehensive Medical P.C.; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until October 10, 2012, and the respondents' brief must be served and filed on or before that date.

FLORIO, J.P., LEVENTHAL, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court