U.S. Bank National Association v Scully
Motion No: 2019-05397
Slip Opinion No: 2019 NY Slip Op 81417(U)
Decided on October 10, 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

M266521

E/sl

LEONARD B. AUSTIN, J.P.

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI, JJ.

2019-05397

U.S. Bank National Association, etc., respondent,

v Winston Scully, etc., appellant, et al.,

defendants.

(Index No. 713558/18)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Queens County, entered March 15, 2019, to waive certification of the record or the appellant's appendix pursuant to 22 NYCRR 1250.7(g). Application by the appellant pursuant to 22 NYCRR 1250.9(b) to extend the time to perfect the appeal.

Upon the papers filed in support of the motion and the application, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied without prejudice to renew upon proper papers including a copy of the proposed appellant's appendix or record and 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); and it is further,

ORDERED that the application is granted, the appellant's time to perfect the appeal is extended until December 10, 2019, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date.

AUSTIN, J.P., DUFFY, BRATHWAITE NELSON and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court