Vanessa Dennis v Marie Napoli etc. et al.

Motion No: M-5469

Slip Opinion No: 2016 NYSlipOp 95891(U)

Decided on December 6, 2016

Appellate Division, First 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.

December 6, 2016

Vanessa Dennis,

Plaintiff-Respondent,

v

Marie Napoli, etc., et al., Defendants,

-and-

Paul J. Napoli,

Defendant-Appellant.

An appeal having been taken to this Court from orders of the Supreme Court, New York County, entered on or about August 22, 2015, And plaintiff-respondent having moved for dismissal of the aforesaid appeal upon the grounds it is academic or, in the alternative, for adjournment of the aforesaid appeal, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,It is ordered that the motion, to the extent it seeks to dismiss the aforesaid appeal, is denied, without prejudice to addressing the issue directly on appeal. The appeal is adjourned to the February 2017 Term. Sua sponte, plaintiff-respondent is granted leave to include a copy of the second amended complaint as an appendix to its respondent's brief. ENTERED: December 6, 2016

_____________________ CLERK

Present - Hon. Peter Tom,Justice Presiding, Rolando T. Acosta Richard T. Andrias Karla Moskowitz Marcy L. Kahn,Justices

M-5469

Index No. 153857/14