Appellate Division: Second Judicial Department

M311070

ID/

COLLEEN D. DUFFY, J.P.

DEBORAH A. DOWLING

JANICE A. TAYLOR

PHILLIP HOM, JJ.

2025-02584 Aluma Sagy, appellant, v Ocean Harbor Casualty Insurance Co., et al., respondents. (Index No. 502/2023)

DECISION & ORDER ON MOTION

2025-03363

Aluma Sagy, appellant, v Ocean Harbor

Casualty Insurance Co., et al., respondents.

(Index No. 483/2022)

Appeals from two orders of the Supreme Court, Nassau County, dated January 2, 2025, and January 28, 2025, respectively. Motion by the appellant, inter alia, pursuant to 22 NYCRR 1250.7(g) to waive certification of the record on the appeal from the order dated January 2, 2025, and to extend the time to perfect that appeal. Separate motion by the appellant, inter alia, pursuant to 22 NYCRR 1250.7(g) to waive certification of the record on the appeal from the order dated January 28, 2025, and to extend the time to perfect that appeal. Cross-motion by the respondents Ocean Harbor Casualty Insurance Co., Ocean Harbor Insurance Co. Claims Account, C.J. Rubino & Company, Inc., Insurance Adjusters, and Norman T. Walker, to dismiss the appeal from the order dated January 2, 2025, for failure to timely perfect that appeal. Separate cross-motion by the respondents Ocean Harbor Casualty Insurance Co., Ocean Harbor Insurance Co. Claims Account, C.J. Rubino & Company, Inc., Insurance Adjusters, and Norman T. Walker, to dismiss the appeal from the order dated January 28, 2025, for failure to timely perfect that appeal. Cross-motion by the respondents Mackoul Risk Solutions, LLC, and Justin Kraus, to dismiss the appeal from the order dated January 2, 2025, for failure to timely perfect that appeal, and for sanctions. Separate cross-motion by the respondents Mackoul Risk Solutions, LLC, and Justin Kraus, to dismiss the appeal from the order dated January 28, 2025, for failure to timely perfect that appeal, and for sanctions.

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

ORDERED that the branches of the motions which are pursuant to 22 NYCRR 1250.7(g) to waive certification of the records are denied, with leave to renew, on or before March 6, 2026, 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 branches of the motions which are to extend the time to perfect the appeals is granted, and on or before March 6, 2026, the appellant shall serve and file the records or appendices and the appellants' briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the records or appendices and the appellants' briefs and upload digital copies of the records or appendices and the appellants' briefs, 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; and it is further,

ORDERED that the cross-motions are denied.

DUFFY, J.P., DOWLING, TAYLOR and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court