Appellate Division: Second Judicial Department

M257090

E/mm

JOHN M. LEVENTHAL, J.P.

ROBERT J. MILLER

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON, JJ.

2018-05292, 2018-06133 U.S. Bank National Association, etc., respondent, v Anthony Fusco, et al., defendants, Jennie Dellaria, appellant. (Index No. 11695/08)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the sale of the subject premises, pending hearing and determination of appeals from an order of the Supreme Court, Nassau County, entered February 20, 2018, and an amended judgment of the same court entered March 13, 2018. Separate motion by the appellant pro se to waive the requirements regarding certification of the record.

Upon the papers filed in support of the motion to stay the sale of the subject premises and the papers filed in opposition thereto, and upon the papers filed in support of the motion to waive the requirements regarding certification of the record and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to stay the sale of the subject premises is denied; and it is further,

ORDERED that the motion to waive the requirements regarding certification of the record is denied with leave to renew, on or before November 15, 2018, upon proper papers; and upon a showing of good cause for the waiver of certification, which shall include setting forth an inability to certify by any of the methods set forth in 22 NYCRR 1250.7(g); in the event that the appellant fails to make the motion set forth above, the Court may dismiss the appeals, without further notice; and it is further,

ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is tolled pending the determination of a renewed motion by the appellant to waive compliance with the requirements regarding certification of the record on appeals.

LEVENTHAL, J.P., MILLER, DUFFY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court