Opinion
Motion No. 2021-09626 Index No. 65948/2019
03-08-2023
Ryan Abbott, appellant, v. Rachel McShane-Abbott, respondent.
Unpublished Opinion
MOTION DECISION
M287717 AFA/
MARK C. DILLON, J.P. JOSEPH J. MALTESE PAUL WOOTEN BARRY E. WARHIT, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Westchester County, dated December 6, 2021. Motion by the appellant, in effect, to enlarge the record to include certain material, to proceed on the original papers, to waive certification of the record or appendix pursuant to 22 NYCRR 1250.7(g), 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, in effect, to enlarge the record to include a decision after hearing dated September 3, 2021, issued by Administrative Law Judge Rose Del Re is denied as unnecessary as such 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 for leave to proceed on the original papers is denied; and it is further, 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 April 7, 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 to extend the time to perfect the appeal is granted, and on or before May 8, 2023, 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.
DILLON, J.P., MALTESE, WOOTEN and WARHIT, JJ., concur.