Wynkoop v Yonker
Motion No: 2020-05126
Slip Opinion No: 2021 NY Slip Op 62463(U)
Decided on February 26, 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

M275788

MB/

CHERYL E. CHAMBERS, J.P.

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE

ANGELA G. IANNACCI, JJ.

2020-05126

Brett Wynkoop, appellant,

v Michael T. Yonker, respondent.

(Index No. 3863/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated May 19, 2020. Motion by the appellant to extend the time to perfect the appeal, to waive certification of the record or appellant's appendix pursuant to 22 NYCRR 1250.7(g), to enlarge the record, and to waive the filing fee of 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 extend the time to perfect the appeal is granted, the appellant's time to perfect the appeal is extended, and on or before April 27, 2021, the appellant shall serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's 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 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 branch of the motion which is pursuant to 22 NYCRR 1250.7(g) to waive certification of the record or appellant's appendix is denied, with leave to renew, on or before March 29, 2021, 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 is otherwise denied.

CHAMBERS, J.P., HINDS-RADIX, LASALLE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court