Bank of New York Mellon v DeLoney
Motion No: 2024-02871
Slip Opinion No: 2025 NY Slip Op 62260(U)
Decided on February 7, 2025
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

M302732

AFA/

ANGELA G. IANNACCI, J.P.

WILLIAM G. FORD

DEBORAH A. DOWLING

PHILLIP HOM, JJ.

2024-02871

Bank of New York Mellon, etc., respondent,

v Roger DeLoney, appellant, et al., defendants.

(Index No. 504313/2013)

DECISION & ORDER ON MOTION

Appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated February 6, 2024. Motion by the appellant to waive certification of the record 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 record pursuant to 22 NYCRR 1250.7(g) is denied, with leave to renew, on or before March 10, 2025, 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 March 10, 2025, 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., FORD, DOWLING and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court