| Williams v Biggs |
| Motion No: 2021-08825 |
| Slip Opinion No: 2023 NY Slip Op 74180(U) |
| Decided on September 27, 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. |
Appellate Division: Second Judicial Department
M291266
AFA/
VALERIE BRATHWAITE NELSON, J.P.
DEBORAH A. DOWLING
BARRY E. WARHIT
LAURENCE L. LOVE, JJ.
|
2021-08825, 2021-08826 Alphaus A. Williams, appellant, v Carina Biggs, etc., et al., respondents, et al., defendants. (Index No. 507050/2020)
| DECISION & ORDER ON MOTION |
Appeals from two orders of the Supreme Court, Kings County, dated October 25, 2021, and December 20, 2020, respectively. Motion by the appellant, inter alia, pursuant to 22 NYCRR 1250.7(g) to waive certification of certain portions of the appellant's record on appeal, in effect, to enlarge the record to include certain material or, in the alternative, to take judicial notice of certain matters, and for leave to serve and file an oversized brief.
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 pursuant to 22 NYCRR 1250.7(g) to waive certification of the record is denied, with leave to renew, on or before October 27, 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, in effect, to enlarge the record to include certain material or, in the alternative, to take judicial notice of certain matters is denied; and it is further,
ORDERED that the branch of the motion which is for leave to serve and file an oversized brief is denied as unnecessary as the appellant has filed an application for leave to file an oversized brief pursuant to 22 NYCRR 1250.9(h); and it is further,
ORDERED that on the Court's own motion, on or before October 27, 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.
BRATHWAITE NELSON, J.P., DOWLING, WARHIT and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court