Appellate Division: Second Judicial Department

M291210

AFA/

ANGELA G. IANNACCI, J.P.

LARA J. GENOVESI

HELEN VOUTSINAS

JANICE A. TAYLOR, JJ.

2022-04163 Saperia Sykes, appellant, v Thelbert Seales, respondent. (Index No. 716392/2021)

DECISION & ORDER ON MOTION

Appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated May 16, 2022. Motion by the appellant to waive certification of the record or appendix pursuant to 22 NYCRR 1250.7(g), to enlarge the record to include certain material, for leave to prosecute the appeal as a poor person, 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 record or appendix pursuant to 22 NYCRR 1250.7(g), is denied, with leave to renew, on or before October 25, 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 November 24, 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.

IANNACCI, J.P., GENOVESI, VOUTSINAS and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court