| Green, Alan v Combined Life Ins. Co. of N. Y., Combined Life Ins. Co. Of Am. & Robert W. Downie. |
| Motion No: 570750/12 |
| Slip Opinion No: 2013 NY Slip Op 62131(U) |
| Decided on January 18, 2013 |
| Appellate Term, First 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. |
January 18, 2013
Green, Alan v Combined Life Ins. Co. of N. Y., Combined Life Ins. Co. Of Am. & Robert W. Downie.
It is Ordered that plaintiff-respondent's motion for reargument is granted, and, upon reargument, defendants-
appellants are ordered to correct the record as follows: 1- Enlarge the record to include the affirmations of Dr. Goldin, Dr. Howard and Dr. Stackhouse, plaintiff's treating physicians; the signature pages of the January 4, 2012 affidavit of Garett Goldberg and plaintiff's disability insurance policy; page 506 from the deposition transcript of Robert Downie; and plaintiff's November 26, 2001 CT scan results; 2- Remove from the record defendants-appellants' expert report; defendants-appellants' motion to compel the production of documents; and an incorrectly added letter to an exhibit submitted in connection with plaintiff's opposition papers to the summary judgment motion below.
It is Further Ordered that the appeal will be calendared for the May 2013 term - the filing deadline for defendants-appellants to file and serve an amended brief and a corrected record on appeal is March 13, 2013. Respondent's brief must be served and filed by April 4, 2013. Reply briefs, if any, are to be served and filed by April 11, 2013.
By: Lowe, III, P.J., Schoenfeld, Shulman, J.J.
Motion No. 570750/12