Appellate Division: Second Judicial Department

M270851

kbp/

LEONARD B. AUSTIN, J.P.

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI, JJ.

2018-14991 Doreen Ditoro, etc., et al., appellants, v Richmond University Medical Center, et al., defendants, Madhvi Rana, etc., respondent. (Index No. 151024/15)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order and judgment (one paper) of the Supreme Court, Richmond County, dated December 3, 2018, on the ground that the appellants' appendix is inadequate and for failure to settle the transcript of the proceedings. Separate motion by the respondent to extend the time to serve and file a brief.

Upon the papers filed in support of the motion to dismiss the appeal and the papers filed in opposition thereto, and upon the papers filed in support of the motion to extend the time to serve and file a brief and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is denied on condition that on or before July 14, 2020, the appellants settle the transcript of the proceedings and serve a supplemental appellants' appendix containing pages 977 to 1004 of the transcript, any trial exhibits necessary to permit the Court to fully consider the issues which will be raised by the appellants and the respondent, and an errata sheet detailing changes to the transcript contained in the appellants' appendix after it was settled or a statement that no changes are necessary, upload digital copies of the supplemental appellants' appendix, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the supplemental appellants' appendix in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that the motion to extend the time to serve and file a brief is granted, the respondent's time to serve and file a brief is extended, and on or before August 13, 2020, the respondent shall serve the respondent's brief and upload digital copies of the respondent's brief, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the respondent's brief in accordance with any applicable administrative order or other order to be issued by the Court.

AUSTIN, J.P., HINDS-RADIX, BRATHWAITE NELSON and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court