Appellate Division: Second Judicial Department

M311718

ID/

CHERYL E. CHAMBERS, J.P.

DEBORAH A. DOWLING

LILLIAN WAN

LOURDES M. VENTURA, JJ.

2025-01648 Stephen Baldassare Daidone, appellant, v Joanne Daidone, respondent. (Index No. 618638/2023)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated January 13, 2025, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal, to extend the time to perfect the appeal, for waiver of costs, fees, and expenses, and to waive certification of the record. Separate motion by the appellant to stay enforcement of the order, pending hearing and determination of the appeal.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branches of the motion which are to vacate the dismissal of the appeal and to extend the time to perfect the appeal are granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before April 6, 2026, the appellant shall and 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 branch of the motion which is to waive certification of the record is denied with leave to renew on or before April 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 motions are otherwise denied.

CHAMBERS, J.P., DOWLING, WAN and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court