Deutsche Bank National Trust Company v Azoulay
Motion No: 2022-08980
Slip Opinion No: 2023 NY Slip Op 77117(U)
Decided on November 22, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M292461

AFA/

FRANCESCA E. CONNOLLY, J.P.

ROBERT J. MILLER

DEBORAH A. DOWLING

CARL J. LANDICINO, JJ.

2022-08980

Deutsche Bank National Trust Company,

etc., respondent, v Isaac Azoulay, et al.,

appellants.

(Index No. 707486/2022)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated September 22, 2022. Motion by the appellants, inter alia, in effect, to waive certification of the record or appendix 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 the papers filed in opposition thereto, it is

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 December 22, 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 22, 2023, the appellants shall serve and file the record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' 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.

CONNOLLY, J.P., MILLER, DOWLING and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court