Appellate Division: Second Judicial Department

M249307

E/afa

WILLIAM F. MASTRO, J.P.

RUTH C. BALKIN

SYLVIA O. HINDS-RADIX

ANGELA G. IANNACCI, JJ.

2016-09002 Dianne Hutchinson, etc., appellant, v New York City Health and Hospitals Corporation, et al., respondents, et al., defendant. (Index No. 500700/11)

DECISION & ORDER ON MOTION

2017-11398

Dianne Hutchinson, etc., appellant,

v New York City Health and Hospitals

Corporation, et al., respondents, et al.,

defendant.

(Index No. 500700/11)

2017-11820

Dianne Hutchinson, etc., appellant,

v New York City Health and Hospitals

Corporation, et al., respondents, et al.,

defendant.

(Index No. 500700/11)

Motion by Brooklyn Nephrology Group, P.C., and separate motion by the respondents Utica Avenue Dialysis Clinic, Davita, Inc., and Empire State DC, Inc., to strike the appellant's reply brief on an appeal from an order of the Supreme Court, Kings County, dated July 26, 2016, on the ground that it refers to matter dehors the record. Cross motion by the appellant to hear the appeal from the order dated July 26, 2016, together with appeals from an order of the Supreme Court, Kings County, dated September 22, 2017, and a judgment of the same court dated October 23, 2017.

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

ORDERED that the motions are granted, the reply brief is stricken, and on or before May 18, 2018, the appellant shall serve and file serve and file a replacement reply brief which does not refer to matter dehors the record; and it is further,

ORDERED that cross motion is granted, and the appeals will be calendared together and will be argued or submitted on the same date.

MASTRO, J.P., BALKIN, HINDS-RADIX and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court