Appellate Division: Second Judicial Department

M291811

AFA/

MARK C. DILLON, J.P.

ROBERT J. MILLER

PAUL WOOTEN

DEBORAH A. DOWLING, JJ.

2022-04282 Kamelia K. Poppe, plaintiff-respondent, v William F. Poppe, appellant; County of Nassau, nonparty-respondent. (Index No. 200265/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated March 8, 2022. Motion by the appellant pro se for leave to prosecute the appeal as a poor person and, in effect, 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 motion and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

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

ORDERED that the branch of the motion which is, in effect, to waive certification of the record or appendix pursuant to 22 NYCRR 1250.7(g) is denied, without prejudice to renew, on or before November 24, 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 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.

DILLON, J.P., MILLER, WOOTEN and DOWLING, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court