Appellate Division: Second Judicial Department

M288006

AFA/

MARK C. DILLON, J.P.

ROBERT J. MILLER

PAUL WOOTEN

JANICE A. TAYLOR, JJ.

2021-08825, 2021-08826, 2021-08827 Alphaus A. Williams, appellant, v Carina Biggs, etc., et al., respondents, et al., defendants. (Index No. 507050/2020)

DECISION & ORDER ON MOTION

Appeals from three orders of the Supreme Court, Kings County, dated December 20, 2020, March 29, 2021, and October 25, 2021, respectively. Motion by the appellant, inter alia, pursuant to 22 NYCRR 1250.7(g) to waive certification of the appellant's record on appeal, in effect, to enlarge the record to include certain material or, in the alternative, to take judicial notice of certain matters, for leave to serve and file an oversized brief, and to extend the time to perfect the appeals.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED on the Court's own motion, the appeal from the order dated March 29, 2021, is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that was not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted; 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 record is denied, with leave to renew, on or before April 21, 2023, 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 for leave to serve and file an oversized brief is denied without prejudice to making an application for leave to file an oversized brief pursuant to 22 NYCRR 1250.9(h); and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeals from the orders dated December 20, 2020, and October 25, 2021, is granted, and on or before April 21, 2023, 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; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., MILLER, WOOTEN and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court