Appellate Division: Second Judicial Department

M166648

E/sl

WILLIAM F. MASTRO, J.P.

RUTH C. BALKIN

PLUMMER E. LOTT

ROBERT J. MILLER, 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 appendix and the supplemental appendix on an appeal from a judgment of the Supreme Court, Nassau County, entered August 29, 2012, for failure to comply with a decision and order on motion of this Court dated September 13, 2013, or to direct the appellant to serve and file a second supplemental appendix containing certain exhibits and to enlarge the time to serve and file a brief. Application by the respondent 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 motion and the papers filed in opposition thereto, and upon the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief and the application for that relief are granted, the respondent's time to serve and file a brief is enlarged until January 13, 2014, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion to direct the appellant to file a second supplemental appendix containing certain exhibits is denied without prejudice to the respondent filing the exhibits in its possession with the original papers on file with the Court; and it is further,

ORDERED that the motion is otherwise denied.

MASTRO, J.P., BALKIN, LOTT and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court