Opinion
Motion No 2021-05344 Index No. 513693/2020
09-25-2023
Jean V. Laine, etc., et al., appellants, v. Empire HealthChoice Assurance, Inc., etc., respondent.
Unpublished Opinion
MOTION DECISION
ANGELA G. IANNACCI, J.P. LARA J. GENOVESI HELEN VOUTSINAS JANICE A. TAYLOR, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Kings County, dated July 12, 2021. Motion by the appellants to waive certification of the record or appendix pursuant to 22 NYCRR 1250.7(g), for leave to proceed on the original papers, and to extend the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to waive certification of the record or appendix pursuant to 22 NYCRR 1250.7(g) is denied, without prejudice to renew, on or before October 25, 2023, 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 which is for leave to proceed on the original papers is denied; and it is further, ORDERED that the branch of the motion which is to extend the time to perfect the appeal is granted, and on or before November 24, 2023, the appellants shall serve and file the record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' brief, with proof of service thereof, through the digital portal on this Court's website.
IANNACCI, J.P., GENOVESI, VOUTSINAS and TAYLOR, JJ., concur.