Adam Brook M.D. PH.D and Adam Brook v Peconic Bay Medical Center et al.

Motion No: M-2684

Slip Opinion No: 2018 NYSlipOp 76480(U)

Decided on June 28, 2018

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.

June 28, 2018

Adam Brook, M.D., PH.D, and Adam Brook,

M.D., PH.D., P.L.L.C.,

Plaintiffs-Appellants,

v

Peconic Bay Medical Center, et al.,

Defendants-Respondents.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about August 16, 2017,

and said appeal having been perfected, And plaintiff-appellant, Adam Brook, M.D., having moved to supplement the record on appeal (M-2507), And defendants-respondents having cross-moved to supplement the record on appeal (M-2684), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon,It is ordered that plaintiff's motion is granted to the extent of adjourning the perfected appeal to the October 2018 Term, and directing plaintiffs-appellants to serve and file

a supplemental record containing Exhibits 1-8 attached

to the moving papers on or before August 6, 2018, for said October 2018 Term, and the motion is otherwise denied (M-2507).

Defendants-respondents' cross motion is granted to the extent of directing defendants to serve and file their supplemental

record, containing the full deposition transcripts of George Keckeisen, M.D., and Denise Misiewicz, (Exhibits D and E of the cross-moving papers) and Richard Rudenstein, M.D.'s August 8, 2011 letter, (Exhibit C to the cross-moving papers), at their

own expense, with their respondents' brief on or before

September 5, 2018, for said October 2018 Term. Sua sponte, the perfected related appeal (Cal. No. 1114) taken from an order of the Supreme Court, New York County, entered on or about July 16, 2017, is adjourned to said October 2018 Term. ENTERED: June 28, 2018

_____________________ CLERK

Present: Hon. Sallie Manzanet-Daniels, Justice Presiding,Judith J. Gische Richard T. Andrias Cynthia S. Kern, Justices

M-2684

M-2507

Index No. 650921/12