Appellate Division: Second Judicial Department

M289223

AFA/

MARK C. DILLON, J.P.

LINDA CHRISTOPHER

PAUL WOOTEN

JANICE A. TAYLOR, JJ.

2022-10358 Victor C. Klein, respondent, v Robert F. Klein, appellant. (Index No. 611518/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated October 13, 2022. Motion by the appellant for leave to prosecute the appeal as a poor person and for the assignment of counsel. Separate motion by the appellant 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 application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel is denied; and it is further,

ORDERED that the motion to waive certification of the record or appendix pursuant to 22 NYCRR 1250.7(g) is denied, without prejudice to renew, on or before June 26, 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 application is granted, and on or before July 25, 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.

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

ENTER:

Maria T. Fasulo

Clerk of the Court