Silberstein v. Maimonides Med. Ctr.

Full title: Shomon Silberstein, etc., et al., appellants, v. Maimonides Medical…

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Sep 12, 2012

2012 N.Y. Slip Op. 84418 (N.Y. App. Div. 2012)

Opinion

2011-02911 2011-04662 Index No. 12042/08 M143058

09-12-2012

Shomon Silberstein, etc., et al., appellants, v. Maimonides Medical Center, et al., respondents.

PETER B. SKELOS

, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

JEFFREY A. COHEN, JJ.

DECISION & ORDER ON MOTION

Motion by the respondents Maimonides Medical Center, Michael Tosi, and Matthew Tito to strike pages 304 through 338 of the record and stated portions of the appellants' brief on appeals from an order of the Supreme Court, Kings County, dated January 4, 2011, and a judgment of the same court dated March 28, 2011, for leave to file an appendix to their brief containing a certain letter, and to enlarge their time to serve and file a brief. Separate motion by the appellants to enlarge the record to include a certain letter and expert affirmation. Application by the respondents Rivka Stein, Kindercare Pediatrics, LLP, Jeffrey Marc Dick, and Jay R. Begun pursuant to 22 NYCRR 670.8(d)(2) to enlarge their time to serve and file a brief.

Upon the papers filed in support of the motion by the respondents Maimonides Medical Center, Michael Tosi, and Matthew Tito and the papers filed in opposition and in relation thereto, upon the papers filed in support of the appellants' motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion by the respondents Maimonides Medical Center, Michael Tosi, and Matthew Tito which is to strike pages 304 through 338 of the record and stated portions of the appellants' brief is granted, pages 304 through 338 of the record and the appellants' brief are stricken, and on or before September 28, 2012, (1) the appellants shall remove the stricken material from the copies of the record and brief filed with the Clerk of the Court or serve and file a replacement that does not contain the stricken material and (2) serve and file a replacement brief that does not refer to the stricken material; and it is further,

ORDERED that on the Court's own motion, the brief of the respondents Maimonides Medical Center, Michael Tosi, and Matthew Tito is stricken; and it is further,

ORDERED that the branch of the motion by the respondents Maimonides Medical Center, Michael Tosi, and Matthew Tito which is to enlarge their time to serve and file a brief and the application by the respondents Rivka Stein, Kindercare Pediatrics, LLP, Jeffrey Marc Dick, and Jay R. Begun pursuant to 22 NYCRR 670.8(d)(2) to enlarge their time to serve and file a brief are granted, the respondents' time to serve and file their briefs is enlarged until October 29, 2012, and the respondents' respective briefs must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion by the respondents Maimonides Medical Center, Michael Tosi, and Matthew Tito which is for leave to file an appendix to their brief is denied; and it is further,

ORDERED that the appellants' motion is denied.

SKELOS, J.P., BALKIN, LEVENTHAL and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court