| Callahan v Montefiore Medical Center |
| Motion No: 2024-06105 |
| Slip Opinion No: 2025 NY Slip Op 82063(U) |
| Decided on December 10, 2025 |
| 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
M309919
AFA/
COLLEEN D. DUFFY, J.P.
PAUL WOOTEN
LAURENCE L. LOVE
PHILLIP HOM, JJ.
|
2024-06105, 2025-02979 James Callahan, appellant, v Montefiore Medical Center, respondent. (Index No. 59551/2022)
| DECISION & ORDER ON MOTION |
Appeals from two orders of the Supreme Court, Westchester County, dated February 20, 2024, and January 14, 2025, respectively. Motion by the respondent to dismiss the appeals on the ground that the record is inadequate, or, in the alternative, to strike stated portions of the record and the appellants brief on the ground that they contain and refer to matter dehors the record.
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 appeals on the ground that the record is inadequate is granted to the extent that on or before January 9, 2026, the appellant shall serve and file a supplemental record containing Supreme Court NYSCEF Document Nos. 38 through 50, and 69, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental record and upload a digital copy of the supplemental record, 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.
DUFFY, J.P., WOOTEN, LOVE and HOM, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court