Appellate Division: Second Judicial Department

M146966

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

LEONARD B. AUSTIN, JJ.

2011-02911, 2011-04662 Shimon Silberstein, etc., et al., appellants, v Maimonides Medical Center, et al., respondents. (Index No. 12042/08)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from an order of the Supreme Court, Kings County, dated January 4, 2011, and a judgment of the same court dated March 28, 2011, to extend the time to comply with a decision and order on motion of this Court dated September 12, 2012, which directed them to remove certain material from the copies of the record filed with the Clerk of the Court or serve and file a replacement that does not contain the stricken material and serve and file a replacement brief that does not refer to the stricken material. Separate cross motions by the respondents Rivka Stein, Kindercare Pediatrics, LLP, Jeffrey Marc Dick, and Jay R. Begun and the respondents Maimonides Medical Center, Michael Tosi, and Matthew Tito to dismiss the appeals for failure to comply with the decision and order on motion of this Court dated September 12, 2012.

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

ORDERED that the motion is granted, and the appellants' time to comply with the decision and order on motion dated September 12, 2012, and is enlarged until December 10, 2012; and it is further,

ORDERED that on the Court's own motion, the respondents' time to serve and file their briefs is enlarged until January 14, 2013, and the respondents' respective briefs must be served and filed on or before that date; and it is further,

ORDERED that the cross motion is denied.

ANGIOLILLO, J.P., DICKERSON, HALL and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court