Appellate Division: Second Judicial Department

M294208

AFA/

COLLEEN D. DUFFY, J.P.

ROBERT J. MILLER

WILLIAM G. FORD

LAURENCE L. LOVE, JJ.

2022-06373 Hooker 11, LLC, respondent, v Derek Gean, appellant, et al., defendants. (Index No. 51280/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Dutchess County, dated July 12, 2022. Renewed motion by the appellant, 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. Separate motion by the appellant pro se for leave to prosecute the appeal as a poor person.

Upon the papers filed in support of the motion to waive certification of the record or appendix and the papers filed in opposition thereto, and upon the papers filed in support of the motion for leave to prosecute the appeal as a poor person and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is, in effect, to waive certification of the record pursuant to 22 NYCRR 1250.7(g) is granted; 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 March 15, 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 motion for leave to prosecute the appeal as a poor person is denied.

DUFFY, J.P., MILLER, FORD and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court