Appellate Division: Second Judicial Department

M262300

E/mm

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON, JJ.

2018-12223 Maureen Tank, etc., respondent, v Westchester County Health Care Corporation, defendant third-party plaintiff-appellant, et al., defendants; North American Partners in Anesthesia, LLP, third-party defendant- respondent. (Index No. 67582/14)

DECISION & ORDER ON MOTION

Motion by the defendant third-party plaintiff-appellant to strike the third-party defendant-respondent's brief or stated portions of the brief, on an appeal from an order of the Supreme Court, Westchester County, dated September 26, 2018, on the ground that they refer to matter dehors the record, and to extend the time to serve and file a reply brief. Cross motion by the third-party defendant-respondent to strike the defendant third-party plaintiff-appellant's brief or stated portions of the brief, on the ground that they refer to matter dehors the record.

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

ORDERED that the branch of the motion which is to strike the third-party defendant-respondent's brief or stated portions of the brief and the cross motion are held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to extend the defendant third-party plaintiff-appellant's time to serve and file a reply brief is granted, the defendant third-party plaintiff-appellant's time to serve and file a reply brief is extended until May 13, 2019, and the reply brief shall be served and filed on or before that date.

DILLON, J.P., CHAMBERS, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court