Robert Shapiro v Gabriel tenson et al.

Motion No: M-1480

Slip Opinion No: 2017 NYSlipOp 74224(U)

Decided on May 18, 2017

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.

May 18, 2017

Robert Shapiro,

Plaintiff-Appellant,

v

Gabriel Ettenson, et al.,

Defendants-Respondents.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about September 2, 2015, And a decision and order of this Court having been entered on January 24, 2017 (Appeal No. 2849), modifying the aforesaid order of the Supreme Court, entered on or about September 2,

2015, And an order of this Court having been entered on April 11, 2017 (M-945), denying plaintiff's motion for reargument or, in the alternative, leave to appeal to the Court of Appeals from the aforesaid decision and order of this Court, entered on January 24, 2017 (Appeal No. 2849), And plaintiff having moved for a preliminary injunction pending determination the aforesaid order of this Court entered on April 11, 2017 (M-945), 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 is denied as moot. (See the order of this Court entered on April 11, 2017 [M-945].)ENTERED: May 18, 2017

_____________________ CLERK

Present: Hon. Peter Tom, Justice Presiding, Angela M. Mazzarelli Richard T. Andrias Sallie Manzanet-Daniels Troy K. Webber, Justices

M-1480

Index No. 653571/14