Appellate Division: Second Judicial Department

M204149

E/sl

RUTH C. BALKIN, J.P.

THOMAS A. DICKERSON

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2015-09325 Anthony Stucchio, et al., respondents, v Svetlana Bikvan, defendant, New York Methodist Hospital, et al., appellants. (Index No. 25356/05)

DECISION & ORDER ON MOTION

Motion by the appellants New York Methodist Hospital and Park Slope Emergency Physician Service, P.C., to dismiss appeals by the appellant Hady G. Oghia and the appellants Nitsana Alpha Spigland, Paula Brill, and New York Presbyterian Hospital from an order of the Supreme Court, Kings County, dated May 5, 2015, for failure to consult pursuant to 22 NYCRR 670.8(c)(1) in connection with the preparation of a joint record or appendix and agree to share the cost of the joint record or appendix.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal by the appellants Nitsana Alpha Spigland, Paula Brill, and New York Presbyterian Hospital is granted and the appeal by the appellants Nitsana Alpha Spigland, Paula Brill, and New York Presbyterian Hospital is dismissed, without costs or disbursements (see 22 NYCRR 670.8[c][1]); and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal by the appellant Hady G. Oghia is denied.

BALKIN, J.P., DICKERSON, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court