Appellate Division: Second Judicial Department

M268858

kbp/

CHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2019-04233 Wells Fargo Bank, N.A., etc., respondent, v Emanuel Archibald, appellant, et al., defendants. (Index No. 9428/08)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the foreclosure sale of the subject premises pending hearing and determination of an appeal from a judgment of the Supreme Court, Orange County, dated August 17, 2018, and to extend the time to perfect the appeal. Separate motion by the appellant to waive certification of the appellant's appendix pursuant to 22 NYCRR 1250.7(g).

Upon the papers filed in support of the motion to stay the foreclosure sale and to extend the time to perfect the appeal and the papers filed in opposition thereto, and upon the papers filed in support of the motion to waive certification of the appellant's appendix and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to stay the foreclosure sale is denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal is granted, the appellant's time to perfect the appeal is extended until February 3, 2020, and the appendix on the appeal and the appellant's brief shall be served and filed on or before that date; and it is further,

ORDERED that the motion to waive certification of the appellant's appendix pursuant to 22 NYCRR 1250.7(g) is denied, without prejudice to renew, on or before February 3, 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).

CHAMBERS, J.P., AUSTIN, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court