| Matter of Remy v Bellone |
| Motion No: 2021-08564 |
| Slip Opinion No: 2022 NY Slip Op 71097(U) |
| Decided on September 2, 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
M284768
MB/
ROBERT J. MILLER, J.P.
LINDA CHRISTOPHER
JOSEPH A. ZAYAS
HELEN VOUTSINAS, JJ.
|
2021-08564 In the Matter of Lesly Remy, appellant, v Steve Bellone, etc., et al., respondents. (Index No. 610229/2021)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Supreme Court, Suffolk County, dated October 14, 2021. Motion by the appellant, inter alia, to stay enforcement of a determination of the Suffolk County Department of Labor, Licensing, and Consumer Affairs, dated May 4, 2021, pending hearing and determination of the appeal. Separate motion by the appellant, in effect, for leave to prosecute the appeal on the original papers or, in the alternative, to waive certification of the record or appendix pursuant to 22 NYCRR 1250.7(g). Application by the appellant to extend the time to perfect the appeal.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion to stay enforcement of the determination of the Suffolk County Department of Labor, Licensing, and Consumer Affairs, dated May 4, 2021, is denied; and it is further,
ORDERED that the branch of the motion which is, in effect, for leave to prosecute the appeal on the original papers is denied; and it is further,
ORDERED that the branch of the motion which is to waive certification of the record or appendix pursuant to 22 NYCRR 1250.7(g) is granted; and it is further,
ORDERED that the application to extend the time to perfect the appeal is granted, and on or before November 1, 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.
MILLER, J.P., CHRISTOPHER, ZAYAS and VOUTSINAS, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court