Acadia Brandywine Holdings LLC. v Wilmington 5190 Brandywine Parkway LLC

Motion No: M-6741

Slip Opinion No: 2018 NYSlipOp 66175(U)

Decided on March 8, 2018

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.

March 8, 2018

Acadia Brandywine Holdings, LLC.

Plaintiff-Appellant,

v

Wilmington - 5190 Brandywine Parkway,

LLC,

Defendant-Respondent.

Plaintiff-appellant having moved for an order restraining defendant-appellant's use of certain funds and directing the release of funds to pay for certain services pending hearing and determination of the appeal taken from an order of the Supreme Court, New York County, entered on or about December 19, 2017, and for a calendar preference in scheduling the 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 is denied and the interim relief granted by an order of a Justice of this Court, dated December 22, 2017, is hereby vacated. ENTERED: March 8, 2018

_____________________ CLERK

PRESENT: Hon. David Friedman,Justice Presiding, John W. Sweeny, Jr. Marcy L. Kahn Ellen Gesmer Anil C. Singh, Justices

M-6741

Index No. 657035/17