Appellate Division: Second Judicial Department

M243465

E/rr

CHERYL E. CHAMBERS, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2017-01389 Vinton Roye, 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 replacement 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.

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

ORDERED that the branch of the motion by the respondents Burt W. Gelberg and Burt W. Gelberg, M.D., P.C., which is to dismiss the appeals and the motion by the respondent Franklin Hospital to dismiss the appeals are denied on condition that on or before January 22, 2018, 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, including, but not limited to the transcript of the examination before trial of Burt W. Gelberg and the verified answer, and which does not contain matter dehors the record; and it is further,

ORDERED that the motion by the respondents Burt W. Gelberg and Burt W. Gelberg, M.D., P.C., is otherwise denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court