Luna v Spadafora
Motion No: 2012-03809
Slip Opinion No: 2014 NY Slip Op 64825(U)
Decided on February 27, 2014
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

M169892

E/sl

REINALDO E. RIVERA, J.P.

PLUMMER E. LOTT

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX, JJ.

2012-03809, 2013-06866, 2013-07964,

2013-10548

Jennifer Luna, et al., appellants, v Philip F.

Spadafora, etc., et al., respondents, et al.,

defendant.

(Index No. 1469/06)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to serve and file a reply brief on appeals from two judgments of the Supreme Court, Suffolk County, entered February 17, 2012, and June 25, 2013, respectively, and two orders of the same court, both dated April 4, 2013, for leave to file a single brief in reply to the respondents' briefs, and for leave to file an oversized reply brief. Separate applications by the respondents Philip F. Spadafora and Long Island Professional Medical Services, P.C., the respondent John F. Aloia, and the respondent Winthrop University Hospital pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their respective briefs.

Upon the papers filed in support of the motion and the applications, 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 time to serve and file a reply brief is denied as premature; and it is further,

ORDERED that the branch of the motion which is for leave to file a single brief in reply to the respondents' briefs is denied as unnecessary; and it is further,

ORDERED that the branch of the motion which is for leave to file an oversized reply brief is denied without prejudice to making an application pursuant to 22 NYCRR 670.10.3(e); and it is further,

ORDERED that the applications are granted, the respondents' time to serve and file their briefs is enlarged until March 31, 2014, and the respondents' briefs must be served and filed on or before that date.

RIVERA, J.P., LOTT, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court