Appellate Division: Second Judicial Department

M284711

AFA/

FRANCESCA E. CONNOLLY, J.P.

JOSEPH J. MALTESE

PAUL WOOTEN

LILLIAN WAN, JJ.

2021-06030 David Jay Stein, appellant, v Helene Stein, respondent. (Index No. 3849/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated May 25, 2021. Motion by the appellant pro se for leave to prosecute the appeal as a poor person, to waive certification of the record or appendix pursuant to 22 NYCRR 1250.7(g), 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 for leave to prosecute the appeal as a poor person is denied; and it is further,

ORDERED that the branch of the motion which is to waive certification of the record or appendix is denied, with leave to renew, on or before September 30, 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 September 30, 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., MALTESE, WOOTEN and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court