Appellate Division: Second Judicial Department

M288864

AFA/

FRANCESCA E. CONNOLLY, J.P.

VALERIE BRATHWAITE NELSON

JOSEPH J. MALTESE

LINDA CHRISTOPHER, JJ.

2022-04397 Behrouz Benyaminpour, appellant, v Alan M. Lipton, et al., respondents. (Index No. 604/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated December 9, 2021. Motion by the appellant to waive certification of the 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 to waive certification of the appendix pursuant to 22 NYCRR 1250.7(g) is denied, without prejudice to renew, on or before June 7, 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 to extend the time to perfect the appeal is granted, and on or before June 7, 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.

CONNOLLY, J.P., BRATHWAITE NELSON, MALTESE and CHRISTOPHER, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court