Appellate Division: Second Judicial Department

M280177

E/sl

CHERYL E. CHAMBERS, J.P.

BETSY BARROS

JOSEPH A. ZAYAS

LARA J. GENOVESI, JJ.

2020-03627 Anthony Martino, et al., appellants, v Jae Ho Lee, etc., et al., respondents. (Index No. 33910/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Rockland County, dated April 29, 2020. Motion by the respondents Jae Ho Lee and Northeastern Anesthesia Services P.C., to extend the time to serve and file a brief. Cross motion by the appellants, in effect, to extend the time to serve and file a replacement reply brief.

Upon the papers filed in support of the motion and cross motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, and on or before December 6, 2021, the respondents Jae Ho Lee and Northeastern Anesthesia Services P.C., shall serve and file a brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the cross motion is granted and, in the event that the respondents Jae Ho Lee and Northeastern Anesthesia Services P.C., serve and file a brief, the appellants' reply brief to the brief filed by the respondent Nyack Hospital is stricken, and on or before December 21, 2021, the appellants shall serve and file a reply brief containing both the appellants' contentions in reply to the brief filed by the respondent Nyack Hospital as well as the appellants' contentions in reply to the brief filed by the respondents Jae Ho Lee and Northeastern Anesthesia Services P.C., via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the reply brief and upload a digital copy of the reply brief, with proof of service thereof, through the digital portal on this Court's website.

CHAMBERS, J.P., BARROS, ZAYAS and GENOVESI, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court