Appellate Division: Second Judicial Department

M291935

AFA/

VALERIE BRATHWAITE NELSON, J.P.

JOSEPH J. MALTESE

WILLIAM G. FORD

CARL J. LANDICINO, JJ.

2019-02238 Peter Anekwe, appellant, v State of New York, respondent. (Claim No. 128992)

DECISION & ORDER ON MOTION

Appeal from an order of the Court of Claims, dated September 20, 2018. Motion by the appellant to waive certification of the record 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 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 pursuant to 22 NYCRR 1250.7(g) is denied, without prejudice to renew, on or before November 29, 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 29, 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., MALTESE, FORD and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court