| Tootsie Realty Inc. v Klein |
| Motion No: 2022-07586 |
| Slip Opinion No: 2024 NY Slip Op 65799(U) |
| Decided on April 12, 2024 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M295648
AFA/
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
BARRY E. WARHIT
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 appellant, in effect, to enlarge the record to include certain material. Cross-motion by the respondent to dismiss the appeal on the ground that the record is inadequate or, in the alternative, to extend the time to serve and file a brief.
Upon the papers filed in support of the motion and the cross-motion and the papers filed in opposition thereto, it is
ORDERED that the motion, in effect, to enlarge the record is denied; and it is further,
ORDERED that the branch of the cross-motion which is to dismiss the appeal on the ground that the record is inadequate is granted to the extent that the record is stricken, and on or before May 13, 2024, the appellants shall serve and file a replacement record containing all the papers and exhibits filed in support of and in opposition to the cross-motion to dismiss the complaint, or in the alternative, for leave to serve a late answer, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement record and upload a digital copy of the replacement record, with proof of service thereof, through the digital portal on this Court's website; and it is further,
ORDERED that on the Court's own motion, the appellants' brief is stricken, and on or before May 13, 2024, the appellants shall serve and file, via NYSCEF, a replacement brief that does not refer to matter dehors the record and contains appropriate page citations to the replacement record; and it is further,
ORDERED that the branch of the cross-motion which is to extend the time to serve and file a brief is granted, and on or before June 12, 2024, the respondent shall serve and file the respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.
DILLON, J.P., CHAMBERS, WARHIT and TAYLOR, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court