Irie Thompson As Administratrix of v Beth Israel Medical Center Montefiore Medical Center the Jack

Motion No: M-6423

Slip Opinion No: 2019 NYSlipOp 60967(U)

Decided on January 17, 2019

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.

January 17, 2019

Irie Thompson, As Administratrix of

the Estate of Gloria Thompson,

Plaintiff-Appellant,

v

Beth Israel Medical Center,

Montefiore Medical Center, The Jack

D. Weiler Hospital of the Albert

Einstein College of Medicine and

Terence Cardinal Cooke Health Care

Center,

Defendants-Respondents.

Plaintiff-appellant having taken appeals from two orders of the Supreme Court, New York County entered on or about August 4, 2017, and from an order of the same court entered on or about April 23, 2018, And defendants-respondents, Montefiore Medical Center and The Jack D. Weiler Hospital of the Albert Einstein College of Medicine, having moved for an order directing plaintiff-appellant to re-file her brief and appendix without reference to materials outside of the record; or in the alternative, striking those portions of her brief and appendix that reference non-record materials; and for an enlargement of time to file a respondents' brief (M-6516), And defendant-respondent, Beth Israel Medical Center, having moved for an order dismissing the appeal without prejudice to plaintiff-appellant filing a properly certified appendix and brief that do not reference materials outside the record; or, in the alternative, striking pages A167 through A1949 of the appendix and pages 3- 6 and 8-13 of plaintiff's brief, which relies on that portion of the record (M-6423),Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that the motion by defendants-respondents Montefiore Medical Center and The Jack D. Weiler Hospital of the Albert Einstein College of Medicine (M-6515), is granted to the extent of striking plaintiff-appellant's brief and appendix and directing plaintiff-appellant to file a brief and appendix, which do not include or refer to materials outside the record, on or before March 18, 2019 for the June 2019 Term of this Court. In light of this determination, the motion by defendant-respondent Beth Israel Medical Center (M-6423) is denied as academic. ENTERED: January 17, 2019

_____________________ CLERK

Present - Hon. David Friedman, Justice Presiding,Dianne T. Renwick Rosalyn H. Richter Peter Tom Angela M. Mazzarelli, Justices

M-6423

M-6516

Index No. 20515/09