Citimortgage, Inc. v Weaver
Motion No: 2016-13092
Slip Opinion No: 2019 NY Slip Op 85791(U)
Decided on December 11, 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

M268100

E/sl

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

JOSEPH J. MALTESE, JJ.

2016-13092

Citimortgage, Inc., respondent,

v Everette Weaver, appellant,

et al., defendants.

(Index No. 18430/09)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Kings County, dated September 26, 2016, to extend the time to comply with a decision and order on motion of this Court dated July 18, 2019, and to waive certification of the record, supplemental record, and second supplemental record pursuant to 22 NYCRR 1250.7(g). Separate motion by the appellant for this Court to take judicial notice of a certain document.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to extend the time to comply with the decision and order on motion of this Court dated July 18, 2019, is granted and the appellant's time to make a motion to waive certification of the record, supplemental record, and second supplemental record pursuant to 22 NYCRR 1250.7(g) is extended until January 2, 2020; and it is further,

ORDERED that if the appellant fails to make a motion to waive certification of the record, supplemental record, and second supplemental record pursuant to 22 NYCRR 1250.7(g) on or before January 2, 2020, as set forth above, the Court may dismiss the appeal, without further notice; and it is further,

ORDERED that the branch of the motion which is to waive certification of the record, supplemental record, and second supplemental record pursuant to 22 NYCRR 1250.7(g) is denied without prejudice to renew, on or before January 2, 2020, 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); and it is further,

ORDERED that the motion for this Court to take judicial notice of a certain document is denied.

BALKIN, J.P., ROMAN, COHEN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court