Appellate Division: Second Judicial Department

M300012

KS/COLLEEN D. DUFFY, J.P.

LINDA CHRISTOPHER

BARRY E. WARHIT

JANICE A. TAYLOR, JJ.

2024-03597 HSBC Bank USA, National Association, etc., respondent v Earl Cadwell, et al., appellants, et al., defendants. (Index No. 610990/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated January 8, 2024. Motion by the appellant Earl Cadwell pro se for leave to prosecute the appeal as a poor person and to waive certification of the record pursuant to 22 NYCRR 1250.7(g). Separate motion by the appellant Earl Cadwell to extend the time to perfect the appeal.

Upon the papers filed in support of the motions 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 pursuant to 22 NYCRR 1250.7(g) is denied, without prejudice to renew, on or before November 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 for leave to prosecute the appeal as a poor person is denied; and it is further,

ORDERED that the motion to extend the time to perfect the appeal is granted, and on or before December 16, 2024, the appellant Earl Cadwell shall serve and file the record or appendix and his appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and his appellant's brief and upload digital copies of the record or appendix and his appellant's brief, with proof of service thereof, through the digital portal on this Court's website.

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

ENTER:

Darrell M. Joseph

Clerk of the Court