Appellate Division: Second Judicial Department

M216666

S/ct

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

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated August 11, 2016, in the above-entitled appeal is recalled and vacated and the following decision and order on motion is subsituted therefor:

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. By decision and order on motion of this Court dated July 1, 2016, the matter was 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 the unredacted expert report submitted by the plaintiffs-respondents was identical to the document contained on pages RA2 through RA22 of the plaintiffs-respondents' appendix. The Supreme Court, Kings County, has issued its report dated July 20, 2016.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, and upon the report of the Supreme Court, Kings County, dated July 20, 2016, it is

ORDERED that the branch of the motion which is to strike pages RA1 through RA23 of the plaintiffs-respondents' appendix and references to those pages in the plaintiffs-respondents' brief is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief is granted, the appellants' time to serve and file a reply brief is enlarged until September 1, 2016, and the reply brief shall be served and filed on or before that date.

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

ENTER:

Aprilanne Agostino

Clerk of the Court