Appellate Division: Second Judicial Department

M284002

MB/

FRANCESCA E. CONNOLLY, J.P.

SHERI S. ROMAN

LINDA CHRISTOPHER

WILLIAM G. FORD, JJ.

2021-07133 Roger Rowe, appellant, v U.S. Bank National Association, etc., et al., respondents, et al., defendants. (Index No. 610690/2020)

DECISION & ORDER ON MOTION

2022-02855

Roger Rowe, appellant,

v U.S. Bank National Association, etc.,

et al., respondents, et al., defendants.

(Index No. 610690/2020)

Appeals from two orders of the Supreme Court, Suffolk County, dated May 4, 2021, and September 24, 2021, respectively. The appeal from the order dated May 4, 2021, was dismissed by decision and order on motion of this Court dated April 25, 2022. 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 appeals. Separate 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 from the order dated September 24, 2021.

Upon the papers filed in support of the motions and the papers filed in opposition 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 and to extend the time to perfect the appeal from the order dated May 4, 2021, is denied as academic; and it is further,

ORDERED that the branches of the motions which are pursuant to 22 NYCRR 1250.7(g) to waive certification of the appellant's appendix on the appeal from the order dated September 24, 2021, are denied, with leave to renew, on or before August 17, 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 branches of the motion which are to extend the time to perfect the appeal from the order dated September 24, 2021, are granted, and on or before August 17, 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., ROMAN, CHRISTOPHER and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court