In the Matter of the Application of Hilary A. Best

Motion No: M-4548

Slip Opinion No: 2018 NYSlipOp 89001(U)

Decided on November 20, 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.

November 20, 2018

In the Matter of the Application of

Hilary A. Best,

Petitioner-Appellant,

v Harold Adler, Judge, Bronx County

Criminal Court,

Respondent-Respondent.

An appeal having been taken to this Court from the order and judgment (one paper) of the Supreme Court, New York County, entered on or about July 11, 2018, And petitioner-appellant having moved for a stay pending hearing and determination of the appeal, and related relief, 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respect to the motion, and due deliberation having been had thereon, It is ordered that the motion for a stay is deemed withdrawn pursuant to petitioner-appellant's affidavit in reply dated October 9, 2018. Respondent may formally move for dismissal of the aforesaid appeal upon proof that the underlying criminal proceeding has been dismissed. ENTERED: November 20, 2018

_____________________ DEPUTY CLERK

Present - Hon. John W. Sweeny, Jr.,Justice Presiding, Angela M. Mazzarelli Marcy L. Kahn Jeffrey K. Oing Anil C. Singh,Justices

M-4548

Index No. 101087/17