Appellate Division: Second Judicial Department

M297018

AFA/

MARK C. DILLON, J.P.

ROBERT J. MILLER

BARRY E. WARHIT

JANICE A. TAYLOR, JJ.

2022-01437 In the Matter of David Marc Prince, appellant, v St. Charles/Resurrection Cemetery, respondent. (Index No. 618175/2021)

DECISION & ORDER ON MOTION

Appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated January 18, 2022. Motion by the appellant pro se for leave to prosecute the appeal as a poor person, to waive certification of the record or appendix pursuant to 22 NYCRR 1250.7(g), to extend the time to perfect the appeal, and, in effect, for summary reversal of the order and judgment.

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 July 12, 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 branch of the motion which is to extend the time to perfect the appeal is granted, and on or before July 12, 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 is otherwise denied.

DILLON, J.P., MILLER, WARHIT and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court