Appellate Division: Second Judicial Department

M156863

E/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2012-07095, 2012-07257 Patrick Williams, etc., appellant, v North Shore LIJ Health System, et al., defendants, Mermaid Medical and Diagnostics, P.C., et al., respondents. (Index No. 2935/11)

DECISION & ORDER ON MOTION

Motion by the respondents Thomas Panetta and New York Surgical Associates, inter alia, to dismiss appeals from two orders of the Supreme Court, Kings County, dated March 1, 2012, and May 2, 2012, respectively, on the ground that the records on the appeals are inadequate, or to enlarge the time to serve and file briefs with respect to each appeal. Separate motion by the respondents Joseph Santiamo, Thomas Kilkenny, and others, inter alia, to dismiss the appeal from the order dated May 2, 2012, on the ground that the record on appeal is inadequate, or to enlarge the time to serve and file brief with respect to that appeal. Separate motion by the respondent Seaview Cardiology Services, and others, inter alia, to dismiss the appeal from the order dated May 2, 2012, on the ground that the record on appeal is inadequate, or to enlarge the time to serve and file brief with respect to that appeal. Separate motion by the respondents Christopher Szeles, Frank Scafuri, and others, inter alia, to dismiss the appeal from the order dated May 2, 2012, on the ground that the record on appeal is inadequate, or to enlarge the time to serve and file brief with respect to that appeal. Separate motion by the respondents James L. Lamia, Carl Sceusa, and others, inter alia, to dismiss the appeal from the order dated May 2, 2012, on the ground that the record on appeal is inadequate, or to enlarge the time to serve and file brief with respect to that appeal, and to dismiss the appeal from the order dated March 1, 2012, insofar as taken against them on the ground that they were improperly designated as respondents. Separate motion by the respondent Christos D. Dossa, inter alia, to dismiss the appeal from the order dated May 2, 2012, on the ground that the record on appeal is inadequate, or to enlarge the time to serve and file brief with respect to that appeal. Separate applications by the respondents Nicole Laufer and Healing Quest Physical Therapy, P.C., the respondent Christos Dossa, and the respondents Christopher Szeles, Frank Scafuri, and others, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their respective briefs on the appeal from the order dated May 2, 2012. Separate application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on the appeal from the order dated May 2, 2012. Separate applications by the respondents Christopher Szeles, Frank Scafuri, and others, the respondent Christos Dossa, and the respondents Joseph Santiamo, Thomas Kilkenny, and others pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their respective briefs on the appeal from the order dated March 1, 2012.

Upon the papers filed in support of the motions and the applications, the papers filed in opposition to the motions by the respondents Joseph Santiamo, Thomas Kilkenny, and others, by the respondent Seaview Cardiology Services, and others, by the respondents Christopher Szeles, Frank Scafuri, and others, and by the respondents Thomas Panetta and New York Surgical Associates, and no papers having been filed in opposition or in relation to the other motions and the applications, it is

ORDERED that the branch of the motion by the respondents Thomas Panetta and New York Surgical Associates to dismiss the appeal from the order dated March 1, 2012, on the ground that the record on appeal is inadequate is granted to the extent that on or before June 24, 2013, the appellant shall serve and file a supplemental record on appeal containing the movants' Exhibit C and affidavit of Tomasine Fodera filed in opposition to the motion that resulted in that order; and it is further,

ORDERED that the branches of the motions which are to dismiss the appeal from the order dated May 2, 2012, on the ground that the record on appeal is inadequate are granted to the extent that on or before June 24, 2013, the appellant shall serve and file a supplemental record containing all of the motion papers filed in connection with motion sequences 1, 4, 5, 6, and 7, recited in that order; and it is further,

ORDERED that the branches of the motions which are to enlarge the time to serve and file respondents' briefs in connection with both appeals and the applications for that relief are granted, the respondents' time to serve and file their respective briefs is enlarged until July 24, 2013, and the respondents' respective briefs must be served and filed on or before that date; and it is further,

ORDERED that the application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief is denied as premature; and it is further,

ORDERED that the motions are otherwise denied.

SKELOS, J.P., ANGIOLILLO, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court