Appellate Division: Second Judicial Department

M157658

J/sl

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2013-01874 Ronald Mizrahi, respondent, v Ezra Cohen, appellant. (Index No. 3865/10)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated January 15, 2013, to dismiss the appeal on the ground that it has been rendered academic by a decision and order of this Court dated March 27, 2013, which determined an appeal from an order of the Supreme Court, Kings County, dated January 12, 2012, under Appellate Division Docket No. 2012-02021, or, in the alternative, to modify a decision and order on motion of this Court dated March 26, 2013, which granted that branch of the appellant's motion which was to stay enforcement of the order dated January 15, 2013, on the ground that it purportedly prevents the Supreme Court, Kings County, from proceeding in accordance with the decision and order of this Court dated March 27, 2013.

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

ORDERED that the branch of the motion which is to dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to modify the decision and order on motion of this Court dated March 26, 2013, is denied as unnecessary as the stay contained in the decision and order on motion of this Court dated March 26, 2013, does not prevent the Supreme Court, Kings County, from proceeding in accordance with the decision and order of this Court dated March 27, 2013.

ENG, P.J., RIVERA, LOTT and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court