Appellate Division: Second Judicial Department

M214258

E/afa

RANDALL T. ENG, P.J.

SANDRA L. SGROI

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2015-09325 Anthony Stucchio, et al., plaintiffs-respondents, v Svetlana Bikvan, et al., appellants, Nitsana Alpha Spigland, et al., defendants-respondents, et al., defendants. (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 strike pages RA1 through RA23 of the plaintiffs-respondents' appendix and references to those pages in the plaintiffs-respondents' brief on an appeal from an order of the Supreme Court, Kings County, dated May 5, 2015, on the ground that they contain or refer to matter dehors the record, and to enlarge the time to serve and file a reply brief.

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

ORDERED that the matter is remitted to the Supreme Court, Kings County, to report on whether that court considered the plaintiffs-respondents' unredacted expert report dated November 25, 2014, submitted in opposition to the motions that were determined by the order dated May 5, 2015, and, if so, whether unredacted expert report submitted by the plaintiffs-respondents' is identical to the document contained on pages RA2 through RA22, of the plaintiffs-respondents' appendix; the Supreme Court, Kings County, shall file its report with all convenient speed; and it is further,

ORDERED that the motion is held in abeyance in the interim.

ENG, P.J., SGROI, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court