Appellate Division: Second Judicial Department

M297093

AFA/

BETSY BARROS, J.P.

WILLIAM G. FORD

HELEN VOUTSINAS

CARL J. LANDICINO, JJ.

2022-07104 U.S. Bank National Association, etc., respondent, v Joseph H. Pacifico, etc., et al., defendants, Dale Robert Javino, appellant. (Index No. 612827/2020)

DECISION & ORDER ON MOTION

2022-07105

U.S. Bank National Association, etc., respondent,

v Joseph H. Pacifico, etc., et al., defendants,

Dale Robert Javino, appellant.

(Index No. 612827/2020)

Appeals from two orders of the Supreme Court, Suffolk County, both dated August 5, 2022. Motion by the appellant, in effect, to extend the time to comply with a decision and order on motion of this Court dated January 24, 2024, as amended by decision and order on motion of this Court dated April 1, 2024, to waive certification of the replacement record pursuant to 22 NYCRR 1250.7(g), to waive the requirements that the replacement record contain a table of contents, and page numbers.

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 extend the time to comply with the decision and order on motion of this Court dated January 24, 2024, as amended by decision and order on motion of this Court dated April 1, 2024, is granted, and on or before August 13, 2024, the appellant shall serve and file replacement records containing all the papers filed in support of and in opposition to the respondent's motion, inter alia, for summary judgment and an order of reference and the appellant's motion to dismiss the complaint, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement records and upload a digital copy of the replacement records 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 waive certification of the replacement record pursuant to 22 NYCRR 1250.7(g) is denied, without prejudice to renew, and on or before July 15, 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 waive the requirements that the replacement record contain a table of contents and page numbers is denied (see CPLR 5529[b]; 22 NYCRR 1250.7[b][3]); and it is further,

ORDERED that on the Court's own motion, the time for the respondent to serve and file briefs is extended, and on or before September 12, 2024, the respondent shall serve and file the respondent's briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the briefs and upload a digital copy of the briefs, with proof of service thereof, through the digital portal on this Court's website.

BARROS, J.P., FORD, VOUTSINAS and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court