Appellate Division: Second Judicial Department

M292011

AFA/

VALERIE BRATHWAITE NELSON, J.P.

CHERYL E. CHAMBERS

JOSEPH J. MALTESE

WILLIAM G. FORD, JJ.

2022-07241 NYCTL 2012-a Trust, et al., respondents, v Samuel Boykin, et al., defendants; Amos Peterson, etc., nonparty-appellant. (Index No. 9743/2013)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated May 23, 2022. Motion by the appellant, inter alia, to waive certification of the record or appendix pursuant to 22 NYCRR 1250.7(g), to extend the time to perfect the appeal, and to waive the filing fee.

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, without prejudice to renew, on or before December 4, 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 December 4, 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.

BRATHWAITE NELSON, CHAMBERS, MALTESE and FORD, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court