Appellate Division: Second Judicial Department

M288735

KS/

ANGELA G. IANNACCI, J.P.

CHERYL E. CHAMBERS

LINDA CHRISTOPHER

BARRY E. WARHIT, JJ.

2022-10224 Consuelo Marie Barbetta, appellant, v State of New York, respondent. (Claim No. 136906)

DECISION & ORDER ON MOTION

Appeal from an order of the Court of Claims, dated October 10, 2022. Motion by the appellant, inter alia, to extend the time to perfect the appeal, in effect, for leave to file certain exhibits of a bulky nature in original form, and, in effect, to waive the requirements of 22 NYCRR 1250.9(a) regarding service of the record or appendix and the appellant's brief upon the respondent.

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 to extend the time to perfect the appeal is granted, and on or before May 26, 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 branch of the motion which is for leave to file certain exhibits of a bulky nature in original form is denied (see 22 NYCRR 1250.7[a], [c]); and it is further,

ORDERED that the motion is otherwise denied.

IANNACCI, J.P., CHAMBERS, CHRISTOPHER and WARHIT, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court