Appellate Division: Second Judicial Department

M235823

E/afa

CHERYL E. CHAMBERS, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2017-01389, 2017-02770 Vinton Roye, as administrator of the estate of Thelma McGlashen, etc., appellant, v Burt W. Gelberg, etc., et al., respondents. (Index No. 25479/12)

DECISION & ORDER ON MOTION

Motion by the respondents Burt W. Gelberg and Burt W. Gelberg, M.D., P.C., inter alia, to dismiss appeals from two orders of the Supreme Court, Queens County, entered November 28, 2016, and March 9, 2017, respectively, on the ground that the appellant's appendix is inadequate or, in the alternative, to enlarge the time to serve and file a brief. Separate motion by the respondent Franklin Hospital to dismiss the appeals on the ground that the appellant's appendix is inadequate or, in the alternative, to enlarge the time to serve and file a brief, and to impose a sanction upon the appellant's counsel.

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

ORDERED that the branches of the motions which are to dismiss the appeals are granted to the extent that the appellant's appendix is stricken and on or before September 11, 2017, the appellant shall serve and file a replacement appendix containing the papers filed with the Supreme Court, Queens County, in connection with the motions that were determined by the orders entered November 28, 2016, and March 9, 2017, and which does not contain matter dehors the record; and it is further,

ORDERED that the branches of the motions which are to enlarge the respondents' time to serve and file their respective briefs are granted, the respondents' time to serve and file their respective briefs is enlarged until October 10, 2017, and the respondents' briefs shall be served and filed on or before that date; and it is further,

ORDERED that the motions are otherwise denied.

CHAMBERS, J.P., ROMAN, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court