In the Matter of Jesse Rosenblatt

In the Matter of Jesse Rosenblatt
Motion No: M-774
Slip Opinion No: 2018 NYSlipOp 76666(U)
Decided on July 3, 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.

July 3, 2018

In the Matter of

Jesse Rosenblatt, as Administrator of,

Throgs Neck Extended Care,

Petitioner-Appellant,

Pursuant to Article 81 of the Mental Hygiene Law for the Appointment of a

Guardian of the Property of

Janet Rose Difisco, also known

as Janet Rose Panarese,

also known as Rose Difrisco,

An Alleged Incapacitated Person.

Sergio Villaverde, Esq., as Guardian

of the Property of Janet Rose DiFrisco,

also know as Janet Rose Panarese,

also know as Rose Difrisco, Plaintiff, Index No. 300839/17 v

3464 East Tremont Holdings LLC, et al., Defendants.

-----------------------------------------X Defendants, having moved, pursuant to CPLR 5704(a), for an order vacating the ex parte order of the Supreme Court, Bronx County, dated December 4, 2017, in which the Court declined to sign defendants' order to show cause. Defendants seek, inter alia, to have the injunctive relief sought in the order to show cause to be granted by this Court; the vacatur or modification of any injunctive relief issued by the Supreme Court; the cancellation of the Notice of Pendency filed in this matter; the appointment of the Bronx County Administrator as temporary administrator of the property; and other related relief.

Defendants also seek leave to appeal from Supreme Court's decision which declined to sign defendants' order to show cause, 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 in its entirety. ENTERED: July 3, 2018

_____________________ CLERK

PRESENT: Hon. Rolando T. Acosta, Presiding Justice, Rosalyn H. Richter Barbara R. Kapnick Marcy L. Kahn Ellen Gesmer, Justices

M-774

Index No. 91817/15