Whitfield v Vizhco
Motion No: 2023-00727
Slip Opinion No: 2024 NY Slip Op 72904(U)
Decided on August 19, 2024
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M298615

KS/

FRANCESCA E. CONNOLLY, J.P.

JOSEPH J. MALTESE

DEBORAH A. DOWLING

LOURDES M. VENTURA, JJ.

2023-00727, 2023-00728

John Whitfield, appellant,

v Wilson Sigua Vizhco, et al., respondents.

(Index No. 508123/2022)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Kings County, dated December 13, 2022 and December 19, 2022, respectively. Motion by the appellant to waive certification of the appendix pursuant to 22 NYCRR 1250.7(g). Motion by the respondents Wilson Sigua Vizhco and Angel Siguacriollo, inter alia, for leave to file a replacement brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion by the appellant is granted, and on or before September 19, 2024, the appellant shall serve and file the appendix via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the appendix and upload digital copies of the appendix, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the motion by the respondents Wilson Sigua Vizhco and Angel Siguacriollo is denied.

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

ENTER:

Darrell M. Joseph

Clerk of the Court