Appellate Division: Second Judicial Department

M145312

E/sl

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2012-01628 Nicholas Graziano, Jr., respondent, v Daniel Cagan, et al., appellants. (Index No. 39055-09)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Suffolk County, dated January 9, 2012, to direct the respondent to furnish them with a HIPAA compliant authorization which authorizes the release of the respondent's Social Security Disability records, for leave to subpoena those records, using the authorization, and, in effect, to have the records sealed upon filing for in camera review by the panel of Justices hearing the appeal. Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.

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

ORDERED that the motion is granted, on or before November 8, 2012, the respondent shall furnish the appellants with a HIPAA compliant authorization which authorizes the release of the respondent's Social Security Disability records, under seal, to the Clerk of the Court, the appellants shall subpoena those records, using the authorization, and the records shall be sealed upon filing for in camera review by the panel of Justices hearing the appeal; and it is further,

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 10, 2012, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENG, P.J., RIVERA, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court