Appellate Division: Second Judicial Department

M191328

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

JOSEPH J. MALTESE, JJ.

2014-08211 John Doe, et al., appellants, v Evan H. Schwarzwald, et al., defendants, Beth Corn, et al., respondents. (Index No. 16666/10)

DECISION & ORDER ON MOTION

Motion by the respondents Beth Corn and Mount Sinai Medical Center, Inc., to dismiss an appeal from an order of the Supreme Court, Nassau County, dated July 8, 2014, on the ground that the appellants' appendix and supplemental appendix are inadequate, or, in the alternative, to direct the appellants to serve and file a second supplemental appendix and to enlarge the time to serve and file a brief. Cross motion by the appellants for leave to serve and file a second supplemental appendix, for leave to correct the table of contents of the appellants' supplemental appendix, and to enlarge the time to serve and file the respondents' respective briefs and the reply briefs. Application by the respondent Peter J. Baiocco 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 and in relation thereto, upon the papers filed in support of the cross 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 branch of the motion which is to direct the appellant to serve and file a second supplemental appendix and the branches of the cross motion which are for leave to serve and file a second supplemental appendix and for leave to correct the table of contents of the appellants' supplemental appendix are granted, and on or before May 29, 2015, the appellants shall insert the corrected table of contents in the copies of the supplemental appendix filed with the Clerk of the Court and serve and file a second supplemental appendix in the form attached to their motion papers; and it is further,

ORDERED that the branches of the motion and cross motion which are to enlarge the respondents' time to serve and file their respective briefs, and the application are granted, the respondents' time to serve and file their respective briefs is enlarged until June 29, 2015, and the respondents' briefs must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal is denied on condition that the appellants' serve and file a second supplemental appendix in accordance with this decision and order on motion; and it is further,

ORDERED that the cross motion is otherwise denied.

DILLON, J.P., LEVENTHAL, CHAMBERS and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court