| Estate of James Hammond v Brunswick Hospital Center, I |
| Motion No: 2013-02452 |
| Slip Opinion No: 2013 NY Slip Op 94437(U) |
| Decided on December 17, 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. |
Appellate Division: Second Judicial Department
M166810
E/sl
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
L. PRISCILLA HALL
SHERI S. ROMAN, JJ.
|
2013-02452 Estate of James Hammond, etc., et al., respondents, v Brunswick Hospital Center, Inc., et al., defendants, North Lindenhurst Fire Department/Rescue Squad, et al., appellants. (Index No. 28446/04)
| DECISION & ORDER ON MOTION |
Motion by the respondents on an appeal from an order of the Supreme Court, Suffolk County, dated January 9, 2013, to strike the material beginning on page 10, line 1 of the appellants' brief and ending on page 16, line 10, on the ground that it raises issues not properly before this Court, to enlarge the record to include a certain affidavit, 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 material beginning on page 10, line 1 of the appellants' brief and ending on page 16, line 10 is denied without prejudice to raising the issue in the respondents' brief; and it is further,
ORDERED that the branch of the motion which is to enlarge th respondents' time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until January 16, 2014, and the respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
RIVERA, J.P., LEVENTHAL, HALL and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court