Karia v Hon. President of United States of America
Motion No: 2021-04783
Slip Opinion No: 2021 NY Slip Op 76327(U)
Decided on December 22, 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

M280672

AFA/

MARK C. DILLON, J.P.

COLLEEN D. DUFFY

LINDA CHRISTOPHER

PAUL WOOTEN, JJ.

2021-04783

Rekha S. Karia, et al., appellants,

v Hon. President of United States of

America, et al., respondents.

(Index No. 1678/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Dutchess County, dated June 10, 2021. Motion by the appellants pro se to waive certification of the record or appendix pursuant to 22 NYCRR 1250.7(g), for leave to prosecute the appeal as a poor person, for the assignment of counsel, and to extend the time to perfect 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 pursuant to 22 NYCRR 1250.7(g) to waive certification of the appellant's record or appendix is denied, with leave to renew, on or before January 24, 2022, 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 branch of the motion which is to extend the time to perfect the appeal is granted, and on or before February 22, 2022, 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 the motion is otherwise denied.

DILLON, J.P., DUFFY, CHRISTOPHER and WOOTEN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court