PRESENT: SMITH, J.P., FAHEY, PERADOTTO, AND LINDLEY, JJ.

MOTION NO. 587-12
DOCKET NO. CA 11-02517

HUGO RAFAEL RAMIREZ GABRIEL, ALSO KNOWN AS CESAR MENDEZ, ET AL., PLAINTIFFS-APPELLANTS-RESPONDENTS, V JOHNSTON'S L.P. GAS SERVICE, INC., DEFENDANT-RESPONDENT-APPELLANT, ET AL., DEFENDANTS. (ACTION NO. 1.) HUGO RAFAEL RAMIREZ GABRIEL, ALSO KNOWN AS CESAR MENDEZ, ET AL., PLAINTIFFS-APPELLANTS, V ANTHONY A. DEMARCO, ANTHONY W. DEMARCO, ANTHONY DEMARCO & SONS, INC., DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS. (ACTION NO. 2.) ————————————————————&m dash;———————————————————&mdash ;————- HUGO RAFAEL RAMIREZ GABRIEL, ALSO KNOWN AS CESAR MENDEZ, ET AL., PLAINTIFFS-APPELLANTS-RESPONDENTS, V RAYTHEON COMPANY, DEFENDANT-RESPONDENT-APPELLANT. (ACTION NO. 3.)

Plaintiffs having moved for reargument of the opinion and order of this Court entered June 15, 2012, and

Defendant Johnston's L.P. Gas Service, Inc. having moved and defendant Raytheon Company having cross-moved for leave to appeal to the Court of Appeals from this Court's opinion and order entered June 15, 2012,

Now, upon reading and filing the affidavits of Michael G. Bersani, Esq., sworn to June 27, 2012, and July 19, 2012, the affirmations of Scott J. DelConte, Esq., dated July 12, 2012, and July 25, 2012, the affirmations of Donald S. DiBenedetto, Esq., dated July 16, 2012, and July 18, 2012, the notices of motion and cross motion with proof of service thereof, and the affirmation of Francis E. Maloney, Jr., Esq., dated July 19, 2012,, and due deliberation having been had thereon,

It is hereby ORDERED that plaintiffs' motion insofar as it seeks reargument is granted to the extent that the parties shall file and serve briefs regarding whether Supreme Court's order entered August 5, 2011, was properly made insofar as it ordered that plaintiffs must return to the United States for independent medical examinations, if requested by defendants 60 days prior to trial, and whether this Court's opinion and order entered June 15, 2012, properly determined that plaintiffs abandoned that issue, and

It is further ORDERED that plaintiffs shall file and serve their appellants' brief addressing the issues set forth above on or before November 2, 2012, and

It is further ORDERED that defendants who have appeared on this appeal shall file and serve their respondents' briefs addressing the issues set forth above on or before December 7, 2012, and

It is further ORDERED that plaintiffs shall file and serve a reply brief, if any, on or before December 26, 2012, and

It is further ORDERED that this matter will be deemed submitted, without oral argument, during the term of this Court commencing February 19, 2013, and

It is further ORDERED that the motion and cross motion seeking leave to appeal to the Court of Appeals are denied.

Entered: September 28, 2012

Frances E. Cafarell, Clerk