Adam Brook M.D. Ph.D. and Adam v Peconic Bay Medical Center Richard Kubiak M.D. Danial Massiah M.D.

Motion No: M-4258

Slip Opinion No: 2018 NYSlipOp 83942(U)

Decided on September 20, 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.

September 20, 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, Richard

Kubiak, M.D., Danial Massiah, M.D.,

Agostino Cervone, M.D., Jay

Zuckerman, Joan Hoil, R.N., Daniel

Hamou, M.D., Andrew Mitchell and

John Does #1-5,

Defendants-Respondents.

An appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about July 10, 2017, and said appeal having been perfected, And defendants-respondents having move for leave to file a supplemental record on appeal to include the deposition transcript of non-party George Keckeisen, M.D., dated April 5, 2018 (Exhibit C. to the moving papers), Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,It is ordered that the motion is granted, and defendants-respondents are directed to serve and file 9 copies of a supplemental record on appeal, containing the aforesaid exhibit, on or before October 3, 2018 for the November 2018 Term. ENTERED: September 20, 2018

_____________________ CLERK

Present - Hon. Sallie Manzanet-Daniels,Justice Presiding, Peter Tom Troy K. Webber Jeffrey K. Oing,Justices

M-4258

Index No. 650921/12