Opinion
Motion No: 2011-09760 Index No. 8251/11 M137647
05-14-2012
In the Matter of Signature Health Center, LLC, appellant, v. New York State Office of the Medicaid Inspector General, respondent.
, J.P.
RANDALL T. ENG
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
DECISION & ORDER ON MOTION
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, dated August 3, 2011, on the ground that the record on appeal is inadequate and contains matter dehors the record or to direct the appellant to file a supplemental record containing certain exhibits. Cross motion by the appellant pursuant to 22 NYCRR 670.10.2(b)(6)(ii) for permission to omit certain exhibits from the record on appeal.
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 branch of the motion which is to direct the appellant to file a supplemental record containing certain exhibits is granted and on or before June 13, 2012, the appellant shall serve and file a supplemental record containing complete copies of the exhibits designated as Exhibits A-1, A-2, and A-3 of the respondent's answer; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the cross motion is denied.
DILLON, J.P., ENG, AUSTIN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court