Appellate Division: Second Judicial Department

M171982

E/sl

RUTH C. BALKIN, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

SHERI S. ROMAN, JJ.

2011-09785 David Randolph, appellant, v Westchester Medical Center, respondent. (Index No. 10-23588)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to file a supplemental record on an appeal from an order of the Supreme Court, Westchester County, dated June 29, 2011, containing the order to show cause dated January 25, 2011, including Exhibits 3 and 4, and notice of entry dated July 7, 2011, concerning the order dated June 29, 2011, and a separate supplemental record, under seal, containing the "in camera medical record" submitted to the Supreme Court, Westchester County, in connection with the motion that resulted in the order dated June 29, 2011, 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 papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion and the application are granted, the respondent shall serve and file the supplemental records and the respondent's brief on or before May 1, 2014, and the supplemental record containing the "in camera medical record" shall be filed under seal and will remain sealed upon filing.

BALKIN, J.P., DICKERSON, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court