Maltese v Nationwide Mutual Insurance Company
Motion No: 2023-00489
Slip Opinion No: 2023 NY Slip Op 67633(U)
Decided on May 26, 2023
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M289226

AFA/

MARK C. DILLON, J.P.

LINDA CHRISTOPHER

PAUL WOOTEN

JANICE A. TAYLOR, JJ.

2023-00489

Maryann Maltese, appellant, v Nationwide

Mutual Insurance Company, et al., respondents.

(Index No. 2772/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated December 22, 2022. Motion by the appellant, inter alia, to enlarge the record, to waive certification of the record or 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 the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is 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 branch of the motion which is to extend the time to perfect the appeal is granted, and on or before September 11, 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., CHRISTOPHER, WOOTEN and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court