Michael I. Knopf Norma Knopf v Michael Hayden Sanford et al.

Motion No: M-198A

Slip Opinion No: 2017 NYSlipOp 75987(U)

Decided on June 6, 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.

June 6, 2017

Michael I. Knopf, Norma Knopf,

and Delphi Capital Management LLC,

Plaintiffs-Appellants,

v

Michael Hayden Sanford, et al.,

Defendants-Respondents.

An appeal having been taken from orders of the Supreme Court, New York County, both entered on or about November 3, 2016, And, an interim order of a Justice of this Court, entered November 28, 2016, having extended the preliminary injunction issued by this Court on March 24, 2016; and pursuant to an interim order of a Justice of this Court, dated February 1, 2017, the appeal was adjourned to the May 2017 Term, with the proviso that it was a final adjournment, And, plaintiffs having moved to extend a preliminary injunction granted by an order of a Justice of this Court

on March 24, 2016 pending determination of the appeal or, alternatively, staying a hearing that was scheduled to commence

on December 9, 2016 (M-6045), And, Dechert, LLP, former attorneys for defendants-respondents, having cross-moved on their own behalf for an order clarifying that no currently operative order of this Court or the trial Court restricts Dechert LLP from drawing down the balance of its fees from a security retainer agreement originally paid to Dechert LLP to retain it for legal services that it has since provided to defendants, and that Dechert LLP is thus authorized to withdraw from the agreed retainer (M-198), Now, upon reading and filing the papers with respect to

the motion and cross motion, and due deliberation having been

had thereon, it is Ordered that the motion is granted to the extent of continuing the aforesaid interim relief granted by orders of Justices of this Court on November 28, 2016 and on February 1, 2017 and the preliminary injunction is continued pending determination of the appeal. The motion and cross motion are otherwise denied. (The order of this Court entered on May 9, 2017 [M-6045/M-198] is hereby recalled and vacated.) ENTERED: June 6, 2017

_____________________ CLERK

Present: Hon. Rolando T. Acosta, Presiding Justice, Angela M. Mazzarelli Sallie Manzanet-Daniels Troy K. Webber, Justices

M-198A

M-6045A

Index No. 113227/09