| Manko v Aetna Health, Inc. |
| Motion No: 2010-00960 |
| Slip Opinion No: 2011 NY Slip Op 79142(U) |
| Decided on July 25, 2011 |
| 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
M122978
E/sl
JOSEPH COVELLO, J.P.
CHERYL E. CHAMBERS
PLUMMER E. LOTT
JEFFREY A. COHEN, JJ.
|
2010-00960, 2011-02603 Nella Manko, appellant, v Aetna Health, Inc., et al., respondents. (Index No. 10501/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Supreme Court, Kings County, dated December 15, 2009, and December 13, 2010, respectively, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix. Separate motion by the appellant, in effect, for leave to serve and file a supplemental appendix, and to adjourn the motion to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of her appendix until after the clerk of the Supreme Court, Kings County, transmits the original papers constituting the record on the appeals to this Court. Separate applications by the respondent Lenox Hill Hospital, the respondent Dana Manor, and the respondents Aetna Health, Inc., and Jane Doe pursuant to 22 NYCRR 670.8(d)(2) to enlarge their time to serve and file their respective briefs.
Upon the papers filed in support of the motions, and no papers having been filed in opposition or relation thereto, and the papers filed in support of the applications, and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is for leave to serve and file a supplemental appendix is granted, and on or before August 15, 2011, the appellant may serve and file a supplemental appendix; and it is further,
ORDERED that the branch of the motion which is, in effect, to adjourn the motion to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix until after the clerk of the Supreme Court, Kings County, transmits the original papers constituting the record on the appeals to this Court is denied as unnecessary, as the clerk of the Supreme Court, Kings County, has transmitted the original papers constituting the record on the appeals to this Court; and it is further,
ORDERED that the motion to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix is denied with leave to renew after the appellant serves and files a supplemental appendix, if any; and it is further,
ORDERED that the applications are granted, and the respondents' time to serve and file their respective briefs is enlarged until September 15, 2011, and the respondents' respective briefs must be served and filed on or before that date.
COVELLO, J.P., CHAMBERS, LOTT and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court