| Andrews v Incorporated Village of Freeport |
| Motion No: 2021-04030 |
| Slip Opinion No: 2022 NY Slip Op 65543(U) |
| Decided on May 6, 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. |
Appellate Division: Second Judicial Department
M282824
AFA/
FRANCESCA E. CONNOLLY, J.P.
LINDA CHRISTOPHER
WILLIAM G. FORD
DEBORAH A. DOWLING, JJ.
|
2021-04030 Robert Andrews, appellant, v Incorporated Village of Freeport, respondent. (Index No. 635/2020)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Nassau County, dated March 24, 2021. Motion by the appellant for leave to prosecute the appeal as a poor person, and pursuant to 22 NYCRR 1250.7(g) to waive certification of the appellant's appendix. Separate motion by the appellant to extend the time to perfect the appeal.
Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation, including all assets, both real and personal, as well as any and all sources of income; and it is further,
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 6, 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 motion to extend the time to perfect the appeal is granted, and on or before June 6, 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.
CONNOLLY, J.P., CHRISTOPHER, FORD and DOWLING, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court