Opinion
Motion No: M-4840
10-30-2018
Adam Brook, M.D., Ph.D., and Adam Brook, M.D., Ph.D., P.L.L.C., Plaintiffs-Appellants, v. Peconic Bay Medical Center, et al., Defendants-Respondents, John Does #1-5, Defendants.
An appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about April 13, 2018, and said appeal having been perfected, And plaintiffs-appellants having moved to enlarge the record on appeal to include material dehors the record, attached to the Brook Affidavit as Exhibits 1-12, which they have referenced in the appellant's brief filed (M-4466), And defendants-respondents having cross-moved for partial dismissal of the aforesaid appeal, and to extend the time to submit their respondents' brief (M-4840), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, It is ordered that the motion (M-4466) to enlarge the record on appeal is denied. The digital supplemental record (which plaintiffs have submitted), as well as plaintiffs' brief, which refers to such supplemental record, are stricken, without prejudice to plaintiffs-appellants filing a corrected brief for the February 2019 Term, to which Term the appeal (Cal. No. 3606N) is adjourned. Along with that corrected brief, plaintiffs-appellants are directed to file a supplemental record on appeal, at their own expense, consisting of Exhibits 3, 5, 7-11 attached to the moving papers herein, as well as the transcripts of the depositions of Daniel Hamous, M.D., George Keckeisen, M.D., Denise Misiewicz, Margaret Basso, and Richard Rubenstein, M.D., in their entirety. It is further ordered that the branch of the cross motion (M-4840) seeking partial dismissal of the appeal is denied, without prejudice to defendants-respondents advancing such arguments to dismiss the appeal in the respondents' brief, which shall be filed on or before January 2, 2019 for the February 2019 Term. Sua sponte, the related appeals from the orders entered August 16, 2017 (Cal. No. 1360) and July 10, 2017 (Cal. No. 1114N), are also adjourned to the February 2019 Term.
ENTERED: October 30, 2018
_____________________ CLERK
Present - Hon. John W. Sweeny, Jr.,Justice Presiding, Judith J. Gische Ellen Gesmer Peter H. Moulton,Justices
M-4840
M-4466
Index No. 650921/12