Malanix v Wells-Fargo Dealer Services
Motion No: 2021-01449
Slip Opinion No: 2022 NY Slip Op 65430(U)
Decided on May 4, 2022
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

M282783

MB/

COLLEEN D. DUFFY, J.P.

ANGELA G. IANNACCI

REINALDO E. RIVERA

PAUL WOOTEN, JJ.

2021-01449

Cathy Malanix, appellant,

v Wells-Fargo Dealer Services, respondent.

(Index No. 1649/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Orange County, dated December 23, 2020. Motion by the appellant pursuant to 22 NYCRR 1250.7(g) to waive certification of the appellant's appendix 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 appendix is denied, with leave to renew, on or before June 3, 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 June 3, 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.

DUFFY, J.P., IANNACCI, RIVERA and WOOTEN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court