| Annette Piccolo v Ronald Pearson & Liza Pearson |
| Motion No: 2024-00639 RIC |
| Slip Opinion No: 2025 NY Slip Op 75218(U) |
| Decided on August 20, 2025 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th Judicial Districts
WAVNY TOUSSAINT, P.J.
CHEREÉ A. BUGGS
LISA S. OTTLEY, JJ.
DECISION & ORDER ON MOTION
| Annette Piccolo, Appellant, v Ronald Pearson and Liza Pearson, Respondents. |
Motion by appellant to supplement the record on appeal from a judgment of the Civil Court of the City of New York, Richmond County, entered May 30, 2024, and for an extension of time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion seeking to supplement the appellate record to include a repair estimate from Cambridge Remodeling Corp., which appellant alleges was introduced into evidence at trial, is denied without prejudice to seeking this relief in the Civil Court, as "[t]he trial judge is the final arbiter of the record certified to the appellate courts" (People v Bethune, 29 NY3d 539, 541 [2017] [quotation marks omitted]); and it is further,
ORDERED that the branch of the motion seeking to supplement the appellate record to include photographs not submitted at trial is denied; and it is further,
ORDERED that the branch of the motion seeking an extension of time to perfect the appeal is granted, and the appeal shall be perfected on or before September 26, 2025; and it is further,
ORDERED that in the event the appeal is not perfected by September 26, 2025, the court, on its own motion, may dismiss the appeal, or respondent may move, on three days' notice, to dismiss the appeal, and may, if appellant is unrepresented, serve such motion upon appellant in person.
ENTER:
Paul Kenny
Chief Clerk