Gimplin v Kubiak
Motion No: 2015-11301
Slip Opinion No: 2016 NY Slip Op 72613(U)
Decided on May 5, 2016
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

M211000

S/ct

2015-11301

Marvin Gimplin, et al., respondents-appellants,

v Richard Kubiak, et al., defendants-respondents,

Michael Imperato, appellant-respondent, Peconic

Bay Medical Center, defendant third-party

plaintiff-respondent; Stony Brook Emergency

Physicians UFPC, doing business as Stony Brook

Emergency Physicians, PC, third-party defendant-

appellant.

(Index No. 23202/08)

ORDER ON APPLICATION

Application by the appellant-respondent and the third-party defendant-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated September 8, 2015, and cross application by the respondents-appellants for the same relief.

Upon the papers filed in support of the application and the cross application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application and cross application are granted; and it is further,

ORDERED that the time of the appellant-respondent and the third-party defendant-appellant to perfect their appeal is enlarged until June 28, 2016, and the joint record or appendix on the appeal and cross appeal (see 22 NYCRR 670.8[c][1]) and their brief must be served and filed on or before that date; and it is further,

ORDERED that the respondents-appellants shall serve and file their answering brief, including the points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]).

ENTER:

Aprilanne Agostino

Clerk of the Court