Appellate Division: Second Judicial Department

M292271

ID/

HECTOR D. LASALLE, P.J.

CHERYL E. CHAMBERS

LINDA CHRISTOPHER

JANICE A. TAYLOR, JJ.

2022-07586 Tootsie Realty Inc, respondent, v Alex Klein, et al., appellants. (Index No. 510612/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated August 15, 2022. Motion by the appellants to extend the time to perfect the appeal. Motion by the respondent to dismiss the appeal on the ground that the appellants failed to serve a notification of case number pursuant to 22 NYCRR 1245.3(b) and to dismiss the appeal for failure to timely perfect.

Upon the papers filed in support of the motion by the appellants and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion by the respondent and the papers filed in opposition thereto, it is

ORDERED that the motion to extend the time to perfect the appeal is granted, and on or before January 16, 2024, the appellants shall serve and file the record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that no further extension of time shall be granted; and it is further,

ORDERED that the motion to dismiss the appeal is denied.

LASALLE, P.J., CHAMBERS, CHRISTOPHER and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court