Appellate Division: Second Judicial Department

M300002

KS/

COLLEEN D. DUFFY, J.P.

LINDA CHRISTOPHER

BARRY E. WARHIT

JANICE A. TAYLOR, JJ.

2023-12165 Ranee Denton, etc., respondent, v Dale R. Javino, appellant, et al., defendant. (Index No. 464/2015)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated August 30, 2023. Motion by the appellant, inter alia, pursuant to 22 NYCRR 1250.7(g) to waive certification of the appendix and to extend the time to perfect the appeal. Cross-motion by the respondent to dismiss the appeal on the ground that the record is inadequate or, in the alternative, to extend the time to file a brief.

Upon the papers filed in support of the motion and cross-motion and the papers filed in opposition 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 granted; 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 15, 2024, the appellant shall serve and file the appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the appendix and the appellant's brief and upload digital copies of the 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; and it is further,

ORDERED that the cross-motion is denied as premature.

DUFFY, J.P., CHRISTOPHER, WARHIT and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court