Appellate Division: Second Judicial Department

M169625

E/ct

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2013-09387, 2013-09389, 2013-09390, 2013-09392, 2013-10192 In the Matter of Long Island College Hospital, petitioner-appellant. State University of New York, intervenor- appellant; Bill De Blasio, et al., respondents- respondents. (Index No. 9188/11)

DECISION & ORDER ON MOTION

Motion by the respondents-respondents to enlarge the record to include certain documents and for leave to serve and file a supplemental appendix on appeals from five orders of the Supreme Court, Kings County, dated August 20, 2013, August 23, 2013, August 28, 2013, September 4, 2013, and October 1, 2013, respectively. Cross motion by the intervenor-appellant, in effect, to strike respondents-respondents' brief on the ground that it refers to matter dehors the record.

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

ORDERED that the motion is denied without prejudice to making a motion to dismiss the appeal as academic; and it is further,

ORDERED that the cross motion is granted; and it is further.

ORDERED that the respondents-respondents' brief and the reply briefs are stricken; and it is further,

ORDERED that on or before March 4, 2014, the respondents-respondents' may serve and file a replacement brief that does not refer to matter dehors the record; and it is further,

ORDERED that on or before March 18, 2014, the appellant and intervenor-appellant may serve and file replacement reply briefs.

RIVERA, J.P., BALKIN, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court