| Bank of New York Mellon v Selig |
| Motion No: 2019-13837 |
| Slip Opinion No: 2021 NY Slip Op 65524(U) |
| Decided on May 3, 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
M276906
MB/
MARK C. DILLON, J.P.
LEONARD B. AUSTIN
BETSY BARROS
ANGELA G. IANNACCI, JJ.
|
2019-13837 Bank of New York Mellon, etc., respondent, v Krista Selig, appellant, et al., defendants. (Index No. 23649/2010)
| DECISION & ORDER ON MOTION |
Appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, dated August 29, 2019, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant pro se, in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal, to extend the time to perfect the appeal, and to waive certification of the appellant's appendix pursuant to 22 NYCRR 1250.7(g).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are to vacate the dismissal of the appeal and to extend the time to perfect the appeal are granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, the appellant's time to perfect the appeal is extended, and on or before June 2, 2021, the appellant shall serve the appellant's appendix and the appellant's brief and upload digital copies of the record or 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; 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 appellant's appendix is denied, with leave to renew, on or before June 2, 2021, upon proper papers, including a copy of the proposed appendix, and upon a showing of good cause for the waiver of certification, which shall include setting forth an inability to certify by a certificate of the proper clerk (see 22 NYCRR 1250.7[g]).
DILLON, J.P., AUSTIN, BARROS and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court