Mary Gibbs Individually and as the v Kings Harbor Health Services LLC

Motion No: M-5169

Slip Opinion No: 2017 NYSlipOp 90180(U)

Decided on October 24, 2017

Appellate Division, First 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.

October 24, 2017

Mary Gibbs, Individually and as the

Daughter and Guardian Ad Litem of

Henry Gibbs, an Incapacitated Adult

Incapable of Adequately Prosecuting

His Rights, and Levonia McCray,

Individually and as the Son and Administrator of the Estate ofBelton Ganett, Deceased, and on behalf of all others similarly situated,

Plaintiffs-Appellants,

v

Kings Harbor Health Services, LLC,

doing business as, Kings Harbor

Multicare Center,

Defendant-Respondent.

Plaintiffs-appellants having moved for an enlargement of time to perfect the appeal taken from an order of the Supreme Court, Bronx County, entered on or about September 15, 2016, and to expand the record on appeal to include the affidavit of Mary Gibbs, dated September 11, 2017, and the accompanying exhibits

(M-4877), And defendant-respondent having cross-moved to deny plaintiffs' motion or, in the alternative, for leave to file a supplemental respondent's brief addressing any and all new documents inserted into the record on appeal and responding to plaintiffs' arguments predicated on the new documents, if this Court should grant plaintiff's aforesaid motion (M-5169), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberations having been had thereon, It is ordered that the motion is granted only to the extent of adjourning the appeal to the February 2018 Term, and is otherwise denied (M-4877). The cross motion is denied (M-5169). ENTERED: October 24, 2017

_____________________ CLERK

PRESENT: Hon. Dianne T. Renwick, Justice Presiding,Barbara R. Kapnick Ellen Gesmer Cynthia S. Kern, Justices

M-5169

M-4877

Index No. 23705/15E