Opinion
Motion No. 2022-01437 Index No. 618175/2021
03-27-2023
In the Matter of David Marc Prince, appellant, v. St. Charles/Resurrection Cemetery, respondent.
Unpublished Opinion
MOTION DECISION
M288101
ANGELA G. IANNACCI, J.P., LINDA CHRISTOPHER, WILLIAM G. FORD, LILLIAN WAN, JJ.
DECISION & ORDER ON MOTION
Appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated January 18, 2022. Motion by the appellant to extend the time to perfect the appeal, to waive certification of the record or appendix pursuant to 22 NYCRR 1250.7(g), and for leave to prosecute the appeal as a poor person.
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 to extend the time to perfect the appeal is granted, and on or before June 26, 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; 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 26, 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 motion is otherwise denied.
IANNACCI, J.P., CHRISTOPHER, FORD and WAN, JJ., concur.