Appellate Division: Second Judicial Department

M287577

AFA/

COLLEEN D. DUFFY, J.P.

LINDA CHRISTOPHER

JOSEPH A. ZAYAS

LILLIAN WAN, JJ.

2022-01360 Elaine Epstein, et al., appellants, v John S. Shiau, etc., et al., respondents. (Index No. 150554/2016)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Richmond County, dated February 22, 2022. Motion by the respondents John S. Shiau and Health Care Associates in Medicine, P.C., to dismiss the appeal on the ground that the appendix is inadequate, or in the alternative, to extend the time to serve and file a brief. Separate motion by the respondents James Dixon and Staten Island University Hospital to dismiss the appeal on the ground that the appendix is inadequate, or in the alternative, to extend the time to serve and file a brief.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the branches of the motions which are to dismiss the appeal on the ground that the appendix is inadequate are granted to the extent that on or before March 29, 2023, the appellants shall serve and file a replacement appendix that contains all of the papers filed in connection with the motions that were determined by the order on appeal and the transcript of the oral argument of the motions which occurred on February 17, 2022; and it is further,

ORDERED that the branches of the motions which are to extend the time to serve and file the respondents' briefs are granted, and on or before April 28 , 2023, the respondents shall serve and file their respective briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the briefs and upload a digital copy of the briefs, with proof of service thereof, through the digital portal on this Court's website.

DUFFY, J.P., CHRISTOPHER, ZAYAS and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court