| Castaldini v Walsh |
| Motion No: 2019-00141 |
| Slip Opinion No: 2019 NY Slip Op 76326(U) |
| Decided on July 30, 2019 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M264830
kbp/
CHERYL E. CHAMBERS, J.P.
COLLEEN D. DUFFY
HECTOR D. LASALLE
ANGELA G. IANNACCI, JJ.
|
2019-00141 Richard A. Castaldini, et al., respondents, v David Walsh, et al., appellants. (Index No. 21904/14)
| DECISION & ORDER ON MOTION |
Motion by the respondents on an appeal from a judgment of the Supreme Court, Suffolk County, dated December 14, 2017, in effect, to dismiss the appeal on the ground that the appellants' appendix is inadequate, or alternatively, to extend the time to serve and file a brief on the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is, in effect, to dismiss the appeal is denied on condition that, on or before August 29, 2019, the appellants serve and file a supplemental appendix containing the decision of the Supreme Court, Suffolk County, dated October 31, 2017, the certified hospital records of Southampton Hospital and Good Samaritan Hospital, and the photographs of the respondent Richard A. Castaldini's injuries; and it is further,
ORDERED that the branch of the motion which is to extend respondents' time to serve and file a brief is granted, and the respondents' brief shall be served and filed on or before September 30, 2019.
CHAMBERS, J.P., DUFFY, LASALLE and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court