Cleary v Nassau Health Care Corporation
Motion No: 2021-09218
Slip Opinion No: 2023 NY Slip Op 61576(U)
Decided on February 6, 2023
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M287302

AFA/

ANGELA G. IANNACCI, J.P.

REINALDO E. RIVERA

PAUL WOOTEN

HELEN VOUTSINAS, JJ.

2021-09218

Kevin Cleary, et al., appellants,

v Nassau Health Care Corporation, respondent.

(Index No. 608087/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated November 22, 2021. Motion by the respondent to adjourn oral argument of the appeal and to extend the time to serve and file a brief.

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

ORDERED that the motion is granted to the extent that on or before February 10, 2023, 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 the motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, on or before 10:00 a.m. on Tuesday, February 14, 2023, the appellants shall serve and file their reply brief, if any, 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.

IANNACCI, J.P., RIVERA, WOOTEN and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court