Libra Max v ALP Inc. etc. et al.

Motion No: M-4110

Slip Opinion No: 2018 NYSlipOp 86160(U)

Decided on October 16, 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.

October 16, 2018

Libra Max,

Petitioner-Respondent,

For a Judgment Pursuant to Article 78

of the Civil Practice Law and Rules

v

ALP, Inc., etc., et al.,

Respondents-Appellants,

-and-

Lawrence Flynn, as guardian of the

property management for a person in

need of a guardian,

Respondent-Respondent.

Appeals having been taken from orders of the Supreme Court, New York County, entered on or about May 30, 2018 and June 29, 2018, And petitioner-respondent and respondent-respondent having moved jointly to dismiss the aforesaid appeals, or in the alternative, to grant a conditional dismissal unless the appeal is perfected for the December 2018 Term, 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. ENTERED: October 16, 2018

_____________________ CLERK

PRESENT: Hon. David Friedman, Justice Presiding, Barbara R. Kapnick Marcy L. Kahn Ellen Gesmer Cynthia S. Kern, Justices

M-4110

Index No. 156641/17