Wells Fargo Bank, National Association v Russo
Motion No: 2019-09739
Slip Opinion No: 2021 NY Slip Op 60805(U)
Decided on January 25, 2021
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

M275213

MB/

MARK C. DILLON, J.P.

HECTOR D. LASALLE

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2019-09739

Wells Fargo Bank, National Association, etc.,

respondent, v Freddy S. Russo, et al., appellants,

et al., defendants.

(Index No. 24021/2010)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Queens County, dated April 8, 2019. Motion by the appellants to waive certification of the record pursuant to 22 NYCRR 1250.7(g), and to extend the time to perfect the appeal.

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

ORDERED that the branch of the motion which is to waive certification of the record pursuant to 22 NYCRR 1250.7(g) is denied, without prejudice to renew 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 branch of the motion which is to extend the time to perfect the appeal is granted, the time to perfect the appeal is extended, and on or before February 24, 2021, the appellants shall serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' brief, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the record or appendix and the appellants' brief in accordance with any applicable administrative order or other order to be issued by the Court.

DILLON, J.P., LASALLE, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court