Cunningham v Cunningham
Motion No: 2020-07869
Slip Opinion No: 2021 NY Slip Op 65278(U)
Decided on April 28, 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

M276896

E/mb

CHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI, JJ.

2020-07869, 2020-07871

Joseph S. Cunningham, respondent,

v Paula S. Cunningham, appellant.

(Index No. 200292/2020)

DECISION & ORDER ON MOTION

2020-09190, 2020-09191

Joseph S. Cunningham, respondent,

v Paula S. Cunningham, appellant.

(Index No. 200292/2020)

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated April 16, 2021, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Appeals from four orders of the Supreme Court, Nassau County, two dated September 23, 2020, September 25, 2020, respectively, and two entered August 17, 2020. Motion by the appellant pro se pursuant to 22 NYCRR 1250.7(g) to waive certification of the appellant's appendix.

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 motion is denied, with leave to renew, on or before May 28, 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 pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), the appellant's time to perfect the appeals is extended, and on or before May 28, 2021, the appellant shall serve the appellant's appendix and the appellant's brief and upload digital copies of the appellant's 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 appellant's appendix and the appellant's brief in accordance with any applicable administrative order or other order to be issued by the Court.

CHAMBERS, J.P., AUSTIN, BRATHWAITE NELSON and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court