Paula Genna v Oleg Klempner D.D.S. Central Park South Dental Care and Babak Robert

Motion No: M-8810

Slip Opinion No: 2020 NYSlipOp 60808(U)

Decided on January 16, 2020

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 16, 2020

Paula Genna,

Plaintiff-Appellant,

v

Oleg Klempner, D.D.S., Central Park

South Dental Care and Babak Robert

Ghalili D.M.D.

Defendants-Respondents.

An appeal having been taken to this Court from two orders of the Supreme Court, New York County, entered on or about March 8, 2018, and said appeal having been perfected, And defendant-respondent Babak Robert Ghalili having moved to strike plaintiff-appellant's appendix and brief because they contain material dehors the record; to direct plaintiff to provide a replacement appendix and brief without said material and an appendix which includes a certain transcript cited by the motion court; to submit said documents by email to a stated address; and for an extension of time to file a reply brief, 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 to the extent of directing plaintiff to file a supplemental appendix which includes the January 11, 2018 transcript o the oral argument by

February 19, 2020, with costs to abide the appeal, and deeming the portions of the appendix that contain letters and documents

submitted to the court after the subject order, and the portions of plaintiff's brief that refer to such documents, stricken. The appeal is adjourned to the May 2020 Term. The motion is otherwise denied. ENTERED: JANUARY 16, 2020

_____________________ CLERK

PRESENT: Hon. Sallie Manzanet-Daniels, Justice Presiding, Judith J. Gische Angela M. Mazzarelli Troy K. Webber Ellen Gesmer, Justices

M-8810

Index No. 100530/16