Willoughby Rehabilitation and Health Care Center, LLC v
Motion No: 2013-11023
Slip Opinion No: 2014 NY Slip Op 85856(U)
Decided on October 8, 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

M180881

T/sl

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2013-11023, 2014-03177

Willoughby Rehabilitation and Health Care

Center, LLC, et al., respondents, v Helen Webster,

appellant.

(Index No. 12431/04)

DECISION & ORDER ON MOTION

Motion by the respondents on appeals from an order of the Supreme Court, Nassau County, entered August 1, 2013, and a judgment of the same court dated March 11, 2014, to strike stated portions of the appellant's appendix and brief on the ground that they contain or refer to matter dehors the record. Application by the respondents 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 application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is held in abeyance and is referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the application is granted, the respondents' time to serve and file a brief is enlarged until November 10, 2014, and the respondents' brief must be served and filed on or before that date.

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

ENTER:

Aprilanne Agostino

Clerk of the Court