Appellate Division: Second Judicial Department

M310692

DF/

HECTOR D. LASALLE, P.J.

HELEN VOUTSINAS

LAURENCE L. LOVE

PHILLIP HOM, 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 and to extend the time to perfect the appeal. Motion by the respondents Casey McNamara and Stephen Viscusi, inter alia, to dismiss the appeal for failure to timely perfect. Motion by the respondent Ken Lesser, inter alia, to dismiss the appeal for failure to timely perfect.

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

ORDERED that the motions by the respondents are denied; and it is further;

ORDERED that the branch of the motion by the appellant which is to waive certification of the record pursuant to 22 NYCRR 1250.7(g) is granted; and it is further,

ORDERED that the branch of the motion by the appellant which is to extend the time to perfect the appeals is granted, and on or before March 16, 2026, 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 no further extension of time shall be granted.

LASALLE, P.J., VOUTSINAS, LOVE and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court