Appellate Division: Second Judicial Department

M172159

E/sl

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

COLLEEN D. DUFFY, JJ.

2013-06347 Errol M. Warner, Jr., et al., appellants, v Orange Regional Medical Center, respon (Index No. 10-5163)

DECISION & ORDER ON MOTION dent.

Motion by the respondent to strike stated portions of the record and the appellants' brief on an appeal from an order of the Supreme Court, Orange County, dated February 25, 2013, on the ground that they contain or refer to matter dehors the record, 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 on the Court's own motion, the notice of appeal is treated as an application for leave to appeal from the order dated February 25, 2013, and leave to appeal is granted (see CPLR 5701); and it is further,

ORDERED that the motion is granted; and it is further,

ORDERED that the appellants' brief and pages 80 through 85, 94 through 100, and 107 through 174 of the record on appeal are stricken, and on or before May 5, 2014, the appellants shall remove the stricken material from the copies of the record filed with the Clerk of the Court or serve and file a replacement record that does not contain the stricken material, and serve and file a replacement brief that does not refer to the stricken material; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until June 4, 2014, and the respondent's brief must be served and filed on or before that date.

RIVERA, J.P., CHAMBERS, AUSTIN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court