Appellate Division: Second Judicial Department

M284760

MB/

ROBERT J. MILLER, J.P.

LINDA CHRISTOPHER

JOSEPH A. ZAYAS

HELEN VOUTSINAS, JJ.

2021-05808, 2021-07283 Mariann Minghinelli, etc., appellant, v Sayville Nursing and Rehabilitation Center, respondent. (Index No. 612200/2018)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Suffolk County, dated July 29, 2021, and an amended order of the same court dated September 23, 2021. Motion by the respondent to dismiss the appeal from the order on the ground that it has been rendered academic, to direct the appellant to revise the caption contained in the covers of the record and the appellant's brief, to strike stated portions of the record and the appellant's brief on the ground that they contain or refer to matter dehors the record, to direct the appellant to serve and file a supplemental record containing certain material, and to extend the 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 dismiss the appeal from the order is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the branches of the motion which are to strike stated portions of the record and to direct the appellant to serve and file a supplemental record containing certain material are granted to the extent that the record is stricken, and on or before October 3, 2022, the appellant shall serve and file, via NYSCEF, a replacement record which does not contain the material currently included in the record at pages 19-77 and 155-163, and which contains the exhibits appended to the respondent's opposition to the motion that resulted in the order dated July 29, 2021, and amended order dated September 23, 2021; and it is further,

ORDERED that the branch of the motion which is to extend the respondent's time to serve and file a brief is granted, and on or before November 1, 2022, the respondent shall serve and file the respondent's 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 motion is otherwise denied.

MILLER, J.P., CHRISTOPHER, ZAYAS and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court