Tootsie Realty Inc. v Klein
Motion No: 2022-07586
Slip Opinion No: 2025 NY Slip Op 63303(U)
Decided on February 24, 2025
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M303098

AFA/

MARK C. DILLON, J.P.

DEBORAH A. DOWLING

BARRY E. WARHIT

LAURENCE L. LOVE, 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 serve and file a reply brief. Cross-motion by the respondent to dismiss the appeal on the ground that the right of direct appeal from the order terminated upon entry of a writ of assistance of the same court dated September 9, 2024.

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

ORDERED that the motion is granted, and on or before March 6, 2025, the appellants shall serve and file the reply brief via NYSCEF, if applicable, or if NYSCEF is not mandated, serve the reply brief and upload a digital copy of the reply brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the cross-motion is denied.

DILLON, J.P., DOWLING, WARHIT and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court