Calderon v Calderon
Motion No: 2024-01912
Slip Opinion No: 2024 NY Slip Op 75493(U)
Decided on September 30, 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

M299605

AFA/

ANGELA G. IANNACCI, J.P.

JOSEPH J. MALTESE

LILLIAN WAN

JAMES P. MCCORMACK, JJ.

2024-01912

Jill Murphy Calderon, appellant,

v Vincent Calderon III, respondent.

(Index No. 200032/2006)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated December 11, 2023. Motion by the appellant to waive certification of the appendix pursuant to 22 NYCRR 1250.7(g) and to extend the time to perfect the appeal.

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 appendix pursuant to 22 NYCRR 1250.7(g) is denied, without prejudice to renew, on or before October 30, 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 November 29, 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

IANNACCI, J.P., MALTESE, WAN and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court