Opinion
Motion No. 2023-10332 Index No. 508293/2023
11-29-2024
In the Matter of 2909 West 17th Street LLC, respondent, v. Rene S. Handwerker, appellant.
Unpublished Opinion
MOTION DECISION
M301081
FRANCESCA E. CONNOLLY, J.P. WILLIAM G. FORD HELEN VOUTSINAS LOURDES M. VENTURA, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Kings County, dated September 29, 2023. Motion by the appellant to waive certification of the record pursuant to 22 NYCRR 1250.7(g), to enlarge the record to include certain material, 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 pursuant to 22 NYCRR 1250.7(g) is denied, with leave to renew, on or before December 30, 2024, 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 to enlarge the record to include certain material is denied as unnecessary with respect to the verified petition dated March 17, 2023, and exhibits thereto, the order to show cause dated March 31, 2023, and the memorandum of law in support thereof, the affidavit of Rene S. Handwerker dated April 28, 2023, and exhibits thereto, the transcript for the proceedings which occurred on July 25, 2023, and the exhibits admitted into evidence at the hearing on July 25, 2023, as that material is properly part of the record, and that branch of the motion is otherwise 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 December 30, 2024, 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.
CONNOLLY, J.P., FORD, VOUTSINAS and VENTURA, JJ., concur.