Spata v Kelly
Motion No: 2021-06154
Slip Opinion No: 2021 NY Slip Op 76598(U)
Decided on December 29, 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

M280754

MB/

SYLVIA O. HINDS-RADIX, J.P.

ROBERT J. MILLER

FRANCESCA E. CONNOLLY

LARA J. GENOVESI, JJ.

2021-06154

Stacey Spata, respondent,

v James Kelly, appellant.

(Index No. 17657/2014)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated July 22, 2021. Motion by the appellant to waive certification of the appendix pursuant to 22 NYCRR 1250.7(g). Application by the appellant to extend the time to perfect the appeal.

Upon the papers filed in support of the motion and application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the application is granted, and on or before January 28, 2022, the appellant shall serve and file the appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the appendix and the appellant's brief and upload digital copies of the appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.

HINDS-RADIX, J.P., MILLER, CONNOLLY and GENOVESI, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court