| Shen v Ferncliff Cemetery |
| Motion No: 2023-11112 |
| Slip Opinion No: 2025 NY Slip Op 66160(U) |
| Decided on April 4, 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. |
Appellate Division: Second Judicial Department
M304076
AFA/
ROBERT J. MILLER, J.P.
DEBORAH A. DOWLING
LOURDES M. VENTURA
LAURENCE L. LOVE, JJ.
|
2023-11112 Michael Shen, appellant, v Ferncliff Cemetery, respondent. (Index No. 1060/2020)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Westchester County, dated August 21, 2023. 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. By order to show cause dated August 19, 2024, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and appellant's motion was held in abeyance in the interim.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of appellant's motion and the papers filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is pursuant to 22 NYCRR 1250.7(g) to waive certification of the appellant's record is denied, with leave to renew, on or before June 3, 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 June 3, 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.
MILLER, J.P., DOWLING, VENTURA and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court