Appellate Division: Second Judicial Department

M290363

AFA/

COLLEEN D. DUFFY, J.P.

VALERIE BRATHWAITE NELSON

DEBORAH A. DOWLING

BARRY E. WARHIT, JJ.

2021-09626 Ryan Abbott, appellant, v Rachel McShane-Abbott, respondent. (Index No. 65948/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated December 6, 2021. Renewed motion by the appellant to waive certification of the record or appendix pursuant to 22 NYCRR 1250.7(g).

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied, without prejudice to renew, on or before September 5, 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 on the Court's own motion, the time to perfect the appeal is extended, and on or before October 5, 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.

DUFFY, J.P., BRATHWAITE NELSON, DOWLING and WARHIT, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court