Appellate Division: Second Judicial Department

M163833

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

CHERYL E. CHAMBERS

L. PRISCILLA HALL, JJ.

2013-00035, 2013-07530 Jane Fang, plaintiff-respondent, v Healthmakers Medical Group, defendant- respondent, Chris Cuatto, etc., appellant. (Index No. 9412/11)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of appeals from two orders of the Supreme Court, Queens County, entered October 4, 2012, and June 21, 2013, respectively. Separate motion by the plaintiff-respondent to enlarge the record to include a certain deposition transcript and to enlarge the time to serve and file a brief. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief.

Upon the papers filed in support of the appellant's motion and no papers having been filed in opposition or in relation thereto, upon the papers filed in support of the plaintiff-respondent's motion 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 appellant's motion is denied; and it is further,

ORDERED that the branch of the plaintiff-respondent's motion which is to enlarge the record is denied; and it is further,

ORDERED that the branch of the plaintiff-respondent's motion which is to enlarge the time to serve and file a brief is granted, the plaintiff-respondent's time to serve and file a brief is enlarged until November 18, 2013, and the plaintiff-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the application is denied as premature.

RIVERA, J.P., SKELOS, CHAMBERS and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court