| JEAN MCCARTHY V SIDDHARTHA S. SHAH, M.D., AND GASTROENTEROLOGY ASSOCIATES, LLP |
| Motion No: NOS. CA 17-01191 AND CA 17-01192 |
| Slip Opinion No: 2018 NY Slip Op 64826(U) |
| Decided on February 21, 2018 |
| Appellate Division, Fourth 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NOS. CA 17-01191 AND CA 17-01192
| JEAN MCCARTHY, PLAINTIFF-APPELLANT, V SIDDHARTHA S. SHAH, M.D.,
AND GASTROENTEROLOGY ASSOCIATES, LLP, DEFENDANTS-RESPONDENTS. |
Respondents having moved to enlarge the record on the appeals and for an extension of time to file and serve a brief on the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 25, 2017,
Now, upon reading and filing the affidavit of Kara M. Eyre, Esq., sworn to January 29, 2018, the notice of motion with proof of service thereof, and the affidavit of R. Colin Campbell, Esq., sworn to February 8, 2018, and due deliberation having been had thereon,
It is hereby ORDERED the motion insofar as it seeks to enlarge the record is denied without prejudice to a motion to resettle the record in Supreme Court (see 22 NYCRR 1000.4 [a] [1] [ii]; Stewart v Soda (239 AD2d 966 [4th Dept 1997]), and
It is further ORDERED that the motion insofar as it seeks an extension of time to file and serve a respondent's brief is on the condition that the brief is filed and served on or before March 22, 2018, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that reply briefs, if any, shall be filed and served on or before April 6, 2018.
Entered: February 21, 2018
Mark W. Bennett, Clerk