Appellate Division: Second Judicial Department

M310590

ID/

LARA J. GENOVESI, J.P.

LINDA CHRISTOPHER

BARRY E. WARHIT

LOURDES M. VENTURA, JJ.

2025-00679 Mates Fischer, respondent, v 58 Gerry St LLC, et al., appellants. (Index No. 531585/2021)

DECISION & ORDER ON MOTION

2025-01741

Mates Fischer, respondent, v 58 Gerry St

LLC, et al., appellants, et al., defendants.

(Index No. 531585/2021)

Appeals from an order of the Supreme Court, Kings County, dated November 19, 2024, and a judgment of the same court dated January 13, 2025. The appeal from the order by Juda Klein and Parkview Management Inc. was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellants 58 Gerry St LLC, Gerry Street Holdings, and Abraham Brach to extend the time to perfect the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the appeal by 58 Gerry St LLC, Gerry Street Holdings, and Abraham Brach from the order is dismissed, without costs or disbursements, on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the judgment (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal from the judgment is granted, and on or before March 10, 2026, the appellants 58 Gerry St LLC, Gerry Street Holdings, and Abraham Brach 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 the motion is otherwise denied as academic.

GENOVESI, J.P., CHRISTOPHER, WARHIT and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court