| Whitnum v Plastic & Reconstructive Surgery, P. C. |
| Motion No: 2019-08678 |
| Slip Opinion No: 2021 NY Slip Op 61849(U) |
| Decided on February 17, 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. |
Appellate Division: Second Judicial Department
M275541
E/sl
CHERYL E. CHAMBERS, J.P.
ROBERT J. MILLER
HECTOR D. LASALLE
ANGELA G. IANNACCI, JJ.
|
2019-08678 Lisa Whitnum, appellant, v Plastic & Reconstructive Surgery, P.C., et al., respondents. (Index No. 50646/2019)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Supreme Court, Westchester County, dated June 21, 2019. Motion by the appellant to waive certification of the appellant's appendix pursuant to 22 NYCRR 1250.7(g). Cross motion by the respondents to dismiss the appeal on the ground that the transcripts contained in the proposed appellant's appendix have not been settled or, in the alternative, to extend the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied as unnecessary as to volumes 1, 2, and 3 of the appellant's appendix as those volumes have been properly certified (see CPLR 2105; 22 NYCRR 1250.7[g]), and denied without prejudice to renew as to volume 4 after the transcript of the proceedings which occurred on September 23, 2018, is settled and a copy of the settled transcript filed with the Supreme Court, Westchester County (see CPLR 5525[c]); and it is further,
ORDERED that on the Court's own motion, the appellant's time to perfect the appeal is extended, and on or before April 2, 2021, the appellant shall serve the appellant's appendix and the appellant's brief via NYSCEF, and the appellant shall file an original and five hard copies of the appellant's appendix and the appellant's brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,
ORDERED that the cross motion is denied without prejudice to renew after the appeal is perfected.
CHAMBERS, J.P., MILLER, LASALLE and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court