| Finkelstein and Feil, P.C. v Ridgeway & Conger, Inc. |
| Motion No: 2021-05571 |
| Slip Opinion No: 2022 NY Slip Op 72330(U) |
| Decided on September 28, 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
M285170
MB/
FRANCESCA E. CONNOLLY, J.P.
LINDA CHRISTOPHER
PAUL WOOTEN
LILLIAN WAN, JJ.
|
2021-05571 Finkelstein and Feil, P.C., respondent, v Ridgeway & Conger, Inc., et al., appellants. (Index No. 619875/2016)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated September 7, 2022, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Appeal from an order of the Supreme Court, Suffolk County, dated June 9, 2021. Motion by the appellant Leigh Garber to impose a sanction upon counsel for the respondent. Separate motion by the appellant Leigh Garber to extend the time to perfect the appeal insofar as taken by her and to waive certification of the record pursuant to 22 NYCRR 1250.7(g).
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion to impose a sanction upon counsel for the respondent is denied; and it is further,
ORDERED that the branch of the motion which is to extend the time to perfect the appeal insofar as taken by appellant Leigh Garber is granted, and on or before October 28, 2022, the appellant Leigh Garber shall serve and file the record or appendix and her brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and her brief and upload digital copies of the record or appendix and her brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,
ORDERED that the branch of the motion which is to waive certification of the record pursuant to 22 NYCRR 1250.7(g) is denied, without prejudice to renew, on or before October 28, 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).
CONNOLLY, J.P., CHRISTOPHER, WOOTEN and WAN, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court