Appellate Division: Second Judicial Department

M296843

AFA/

FRANCESCA E. CONNOLLY, J.P.

LARA J. GENOVESI

DEBORAH A. DOWLING

LOURDES M. VENTURA, JJ.

2022-06510 Kim Macintyre, respondent, v Robert Wing, appellant. (Index No. 50255/2010)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Richmond County, dated May 9, 2022. Motion by the appellant, inter alia, in effect, to enjoin nonparty New York City Fire Pension Fund from paying to the respondent any part of the appellant's accidental disability retirement benefit, pending hearing and determination of the appeal. Separate motion by the appellant to waive certification of the record or appendix pursuant to 22 NYCRR 1250.7(g). Application by the appellant to extend the time to perfect the appeal.

Upon the papers filed in support of the motion, inter alia, in effect, to enjoin nonparty New York City Fire Pension Fund from paying to the respondent any part of the appellant's accidental disability retirement benefit, and the papers filed in opposition thereto, and upon the papers filed in support of the motion to waive certification of the record or appendix pursuant to 22 NYCRR 1250.7(g), and the application, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion, inter alia, in effect, to enjoin nonparty New York City Fire Pension Fund from paying to the respondent any part of the appellant's accidental disability retirement benefit, pending hearing and determination of the appeal, is denied; and it is further,

ORDERED that the motion to waive certification of the record or appendix pursuant to 22 NYCRR 1250.7(g) is denied, without prejudice to renew, on or before July 5, 2024, 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 application which is to extend the time to perfect the appeal is granted, and on or before August 5, 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.

CONNOLLY, J.P., GENOVESI, DOWLING and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court