Appellate Division: Second Judicial Department

M271380

E/sl

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2019-09229 Dijon Guinn, etc., appellant, v New York Methodist Hospital, et al., respondents, et al., defendants. (Index No. 501725/2015)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated June 27, 2019. Motion by the respondents to dismiss the appeal on the ground that the appellant's appendix is inadequate or, in the alternative, to direct the appellant to serve and file a supplemental appellant's appendix, and to extend the respondents' time to serve and file a brief.

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 direct the appellant to serve and file a supplemental appendix is granted, and on or before July 27, 2020, the appellant shall serve a supplemental appellant's appendix containing the summons and complaint, the entire Methodist Hospital chart, the records of Boro Park Obstetrics, P.C., and the entire deposition transcripts of Dijon Guinn, Amir Fazeli, and Dr. Lewis, which were annexed as Exhibit Nos. C, F, G, H, I, and J to the papers filed in connection with the motion that was determined by the order dated June 27, 2019, and upload a digital copy of the supplemental appellant's 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 appellant's appendix in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that the branch of the motion which is to extend the respondents' time to serve and file a brief is granted, the respondents' time to serve and file a brief is extended, and on or before August 26, 2020, the respondents' shall serve the respondents' brief and upload a digital copy of the respondents' 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 respondents' brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that the motion is otherwise denied.

BALKIN, J.P., CHAMBERS, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court