Opinion
2019-08678 Index 50646/2019
06-11-2021
Lisa Whitnum, appellant, v. Plastic & Reconstructive Surgery, P.C., et al., respondents.
M277567 MB/
MARK C. DILLON, J.P. CHERYL E. CHAMBERS VALERIE BRATHWAITE NELSON ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
Appeal from a judgment of the Supreme Court, Westchester County, dated June 21, 2019. Motion by the appellant to settle the transcript of the proceedings which occurred on September 23, 2018, contained in volume 4 of the appellant's appendix, and, in effect, to waive certification of volume 4. Separate motion by the appellant to extend the time to perfect 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 branch of the motion which is to settle the transcript of the proceedings which occurred on September 23, 2018, contained in volume 4 of the appellant's appendix, is denied as academic in light of the appellant's representation that she complied with CPLR 5525(c); and it is further, ORDERED that the branch of the motion which is to waive certification of volume 4 of the appellant's appendix is denied without prejudice to renew upon showing of good cause for the waiver of certification, which shall include setting forth an inability to certify volume 4 by a certificate of the proper clerk or an attorney (see 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 July 26, 2021, the appellant shall serve and file the appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the appendix and the appellant's brief and upload digital copies of the appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.
DILLON, J.P., CHAMBERS, BRATHWAITE NELSON and IANNACCI, JJ concur.