Appellate Division: Second Judicial Department

M308553

AFA/

ANGELA G. IANNACCI, J.P.

LINDA CHRISTOPHER

WILLIAM G. FORD

JANICE A. TAYLOR, JJ.

2021-09424 In the Matter of Alfred M. Buff, deceased. Lenore S. Nemeth, et al., petitioners-respondents; Carolyn Buff, objectant-appellant. (File No. 906/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Surrogate's Court, Dutchess County, dated November 23, 2021. Motion by the appellant, inter alia, to waive certification of the record pursuant to 22 NYCRR 1250.7(g), and to extend the time to perfect the appeal. Separate motion by the appellant to confirm that an automatic stay of the order is in effect pursuant to CPLR 5519(a)(5), or, in the alternative, pursuant to CPLR 5519(c) to stay enforcement of the order, pending hearing and determination of the appeal. Motion by the respondent-respondent to dismiss the appeal for failure to timely perfect.

Upon the papers filed in support of the motion by appellant, inter alia, to waive certification of the record pursuant to 22NYCRR 1250.7(g), and to extend the time to perfect the appeal, and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion by the appellant to confirm that an automatic stay of the order is in effect pursuant to CPLR 5519(a)(5), or, in the alternative, pursuant to CPLR 5519(c) to stay enforcement of the order, pending hearing and determination of the appeal, and the motion by the respondent-respondent, and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion by the appellant which is to waive certification of the record pursuant to 22NYCRR 1250.7(g), is denied, with leave to renew, on or before November 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 by the appellant which is to extend the time to perfect the appeal is granted, and on or before November 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; and it is further,

ORDERED that the motions are otherwise denied.

IANNACCI, J.P., CHRISTOPHER, FORD and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court