Opinion
2022-61074 Motion 2021-01449
01-31-2022
Cathy Malanix, appellant, v. Wells-Fargo Dealer Services, respondent. Index No. 1649/2020
Unpublished Opinion
MOTION DECISION
MARK C. DILLON, J.P. COLLEEN D. DUFFY, VALERIE BRATHWAITE NELSON, SHERI S. ROMAN, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Orange County, dated December 23, 2020. Motion by the appellant, in effect, pursuant to 22 NYCRR 1250.7(g) to waive certification of the appellant's appendix, to extend the time to perfect the appeal, for poor person relief, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is, in effect, pursuant to 22 NYCRR 1250.7(g) to waive certification of the appellant's appendix is denied, with leave to renew, on or before March 2, 2022, 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 March 2, 2022, 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; and it is further, ORDERED that the motion is otherwise denied.
DILLON, J.P., DUFFY, BRATHWAITE NELSON and ROMAN, JJ., concur.