McNally v McNally
Motion No: 2018-03151
Slip Opinion No: 2019 NY Slip Op 60318(U)
Decided on January 7, 2019
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M258932

E/sl

RUTH C. BALKIN, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2018-03151

Patricia McNally, appellant,

v Edward McNally, respondent.

(Index No. 20701/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Suffolk County, dated January 23, 2018, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal and to extend the time to perfect the appeal.

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 waive the requirements regarding certification of the record is denied with leave to renew, on or before January 22, 2019, 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 renewed motion, the Court may dismiss the appeal, without further notice; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal is granted and the appellant's time to perfect the appeal is extended until January 22, 2019.

BALKIN, J.P., COHEN, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court