Appellate Division: Second Judicial Department

M308652

AFA/

LARA J. GENOVESI, J.P.

WILLIAM G. FORD

LOURDES M. VENTURA

SUSAN QUIRK, JJ.

2024-10607 Nicholas R. De Biase, appellant, v Ken Lesser, et al., respondents, et al., defendants. (Index No. 604584/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated July 18, 2024. Renewed motion by the appellant pursuant to 22 NYCRR 1250.7(g) to waive certification of the record. Separate motion by the appellant to extend the time to perfect the appeal.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motion pursuant to 22 NYCRR 1250.7(g) to waive certification of the record is denied, with leave to renew, on or before November 17, 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 motion to extend the time to perfect the appeal is granted, and on or before November 17, 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.

GENOVESI, J.P., FORD, VENTURA and QUIRK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court