Appellate Division: Second Judicial Department

M161811

E/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2012-09213 Anthony Rocco, et al., appellants, v Naeem Ahmed, et al., respondents. (Index No. 101955/07)

DECISION & ORDER ON MOTION

Separate motions by the respondent Naeem Ahmed and the respondent Staten Island University Hospital to dismiss an appeal from an order of the Supreme Court, Richmond County, entered September 17, 2012, on the ground that the appendix is inadequate, or, in the alternative, in effect, to direct the appellants to serve and file a supplemental appendix and to enlarge the time to serve and file their respective briefs. Application by the respondent Srinivas Duvvuri pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

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

ORDERED that the branches of the motions which are, in effect, to direct the appellants to serve and file a supplemental appendix are granted, and on or before September 20, 2013, the appellants shall serve and file a supplemental appendix containing the affirmation in opposition filed by the respondent Staten Island University Hospital in connection with the motion that resulted in the order entered September 17, 2012; and it is further,

ORDERED that the branches of the motions which are to enlarge the time to serve and file the respondents' briefs and the application for that relief are granted, the respondents' time to serve and file their respective briefs is enlarged until October 21, 2013, and the respondents' briefs must be served and filed on or before that date; and it is further,

ORDERED that the motions are otherwise denied.

RIVERA, J.P., ANGIOLILLO, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court