Appellate Division: Second Judicial Department

M293742

AFA/

MARK C. DILLON, J.P.

ANGELA G. IANNACCI

LILLIAN WAN

JANICE A. TAYLOR, JJ.

2023-06893 Nickie Kane, appellant, v New York State, et al., respondents. (Claim No. 137713)

DECISION & ORDER ON MOTION

Appeal from an order of the Court of Claims, dated February 9, 2023. Motion by the appellant to extend the time to perfect the appeal and to be permitted to serve papers upon the respondents via electronic mail.

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 extend the time to perfect the appeal is granted, and on or before March 25, 2024, 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 branch of the motion which is to permit the appellant to serve papers upon the respondents via electronic mail is granted to the extent that, unless otherwise directed by this Court, papers shall be served in accordance with the CPLR and rules of this Court (see CPLR 2103; 22 NYCRR 1250.1[c][4], 1250.4[a][4], and 1245.4), and that branch of the motion is otherwise denied.

DILLON, J.P., IANNACCI, WAN and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court