Appellate Division: Second Judicial Department

M176133

T/sl

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX, JJ.

2012-08752, 2013-08932, 2013-08933 Emil Chambliss, etc., appellant, v University Group Medical Associates, et al., respondents. (Appeals No. 1 & 2) Emil Chambliss, etc., appellant, v University Group Medical Associates, et al., respondents, et al., defendants. (Appeal No. 3) (Index No. 3032/11)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, for summary reversal on appeals from two orders of the Supreme Court, Kings County, both dated July 3, 2013, or, in the alternative, for a preference in the calendaring of the appeals. Separate motion by the respondents Mark Joseph and South Island Medical Associates (a) to dismiss the appeal from the order dated July 3, 2013, under Appellate Division Docket No. 2013-08932 on the ground that the issues to be raised on the appeal from that order are barred by the doctrine of Bray v Cox (38 NY2d 350), or (b) to dismiss the appeal from so much of that order as directed a hearing on the ground that the portion of the order which directed a hearing is not appealable as of right, or to dismiss both appeals because they were served with an unbound copy of the record and brief. Cross motion by the appellant, inter alia, to recall and vacate so much of a decision and order on motion of this Court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - July 2013 Calendar," dated August 5, 2013, as dismissed his appeal from an order of the Supreme Court, Kings County, dated June 29, 2012 (Appellate Division Docket No. 2012-08752), pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate his appeal, and to enlarge the time to perfect that appeal.

Upon the papers filed in support of the motion by the appellant and the papers filed in opposition thereto, the papers filed in support of the motion by the respondents Mark Joseph and South Island Medical Associates and the papers filed in opposition and in relation thereto, and the papers filed in support of the cross motion and the papers filed in opposition thereto, it is

ORDERED that the appellant's motion and cross motion are denied; and it is further,

ORDERED that the branch of the motion by the respondents Mark Joseph and South Island Medical Associates which is to dismiss the appeals from the orders dated July 3, 2013, on the ground that they were served with an unbound copy of the record and brief is denied on condition that on or before July 7, 2014, the appellant serves those respondents with a copy of the record and brief bound in the same manner as the copies of the record and brief that were filed with the clerk of this Court; and it is further,

ORDERED that the branches of the motion by the respondents Mark Joseph and South Island Medical Associates which are (a) to dismiss the appeal under Appellate Division Docket No. 2013-08932 on the ground that the issues to be raised on that appeal are barred by the doctrine of Bray v Cox (38 NY2d 350), or (b) to dismiss the appeal from so much of that order as directs a hearing on the ground that it is not appealable as of right, are held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.

SKELOS, J.P., LEVENTHAL, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court