Pender v New York Presbyterian Weill Cornell Univ. Hospital
Motion No: 2020-02363
Slip Opinion No: 2021 NY Slip Op 66983(U)
Decided on June 2, 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

M277371

E/jr

CHERYL E. CHAMBERS, J.P.

ROBERT J. MILLER

FRANCESCA E. CONNOLLY

PAUL WOOTEN, JJ.

2020-02363

Juvondi R. Pender, appellant, v New York

Presbyterian Weill Cornell Univ. Hospital,

et al., respondents.

(Index No. 10755/2014)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated November 22, 2019. Motion by the appellant, inter alia, in effect, for summary reversal, to hold the appeal in abeyance until July 7, 2021, 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 branch of the motion which is to extend the time to perfect the appeal is granted, and on or before July 2, 2021, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, 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 it is further,

ORDERED that no further extension of time shall be granted; and it is further,

ORDERED that the branch of the motion which is to waive certification of the the appellant's appendix pursuant to 22 NYCRR 1250.7(g) is denied, with leave to renew, on or before July 2, 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., MILLER, CONNOLLY and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court