Appellate Division: Second Judicial Department

M282269

MB/

VALERIE BRATHWAITE NELSON, J.P.

ANGELA G. IANNACCI

PAUL WOOTEN

JOSEPH A. ZAYAS, JJ.

2021-00663 Everette Weaver, appellant, v Albert A. Hatem, etc., et al., respondents, et al., defendant. (Index No. 65564/2019)

DECISION & ORDER ON MOTION

2020-08287

Everette Weaver, appellant,

v Albert A. Hatem, etc., et al., respondents,

et al., defendant.

(Index No. 65564/2019)

Appeals from two orders of the Supreme Court, Westchester County, dated September 10, 2020, and December 7, 2020, respectively. Motion by the appellant pro se pursuant to 22 NYCRR 1250.7(g) to waive certification of the appendix with respect to the appeal pending under Appellate Division Docket No. 2021-00663. Separate motion by the respondent Albert A. Hartem to extend the time to serve and file a consolidated brief for both appeals.

Upon the papers filed in support of the motion to waive certification of the appendix and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion to extend the time to serve and file a consolidated brief and the papers filed in opposition thereto, it is

ORDERED that the motion to waive certification of the appendix pursuant to 22 NYCRR 1250.7(g) with respect to the appeal pending under Appellate Division Docket No. 2021-00663 is granted; and it is further,

ORDERED that on the Court's own motion, the appellant's time to perfect the appeal pending under Appellate Division Docket No. 2021-00663 is extended, and on or before May 6, 2022, the appellant shall serve and file the appendix and the appellant's brief for that appeal 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 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 to extend the time to serve and file a consolidated respondent's brief is granted to the extent that the time for the respondent Albert A. Hatem to serve and file a respondent's brief in the appeal pending under Appellant Docket No. 2020-08287 is extended, and on or before May 6, 2022, the respondent Albert A. Hatem shall serve and file the respondent's brief in that appeal via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website, and that motion is otherwise denied.

BRATHWAITE NELSON, J.P., IANNACCI, WOOTEN and ZAYAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court