MRI Enterprises, Inc. v Comprehensive Medical Care of N
Motion No: 2012-11023
Slip Opinion No: 2013 NY Slip Op 85217(U)
Decided on September 13, 2013
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M162149

E/sl

PETER B. SKELOS, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2012-11023

MRI Enterprises, Inc., respondent,

v Comprehensive Medical Care of New

York, P.C., appellant.

(Index No. 1636/08)

DECISION & ORDER ON MOTION

Motion by the respondent to strike the record on an appeal from a judgment of the Supreme Court, Nassau County, entered August 29, 2012, as inadequate and to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to strike the record is granted to the extent that on or before October 15, 2013, the appellant shall serve and file a supplemental record containing omitted trial transcripts and trial exhibits as described in paragraphs 9 and 10 of the movant's affirmation in support of the motion, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until November 15, 2013, and the respondent's brief must be served and filed on or before that date.

SKELOS, J.P., HALL, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court