Rosemarie A. Herman individually as v Julian Maurice Herman et al. .

Motion No: M-6548

Slip Opinion No: 2019 NYSlipOp 61192(U)

Decided on January 22, 2019

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.

January 22, 2019

Rosemarie A. Herman, individually, as

beneficiary of the trust created by

Harold Herman as Grantor under

agreement dated March 1, 1990 and as

beneficiary of the trust created by

Rosemarie A. Herman as Grantor dated

November 27, 1991 and on behalf of

Mayfair York LLC, et al.,

Plaintiffs-Respondents,

v

Julian Maurice Herman, et al.,

Defendants-Appellants.

Julian Maurice Herman, Third-Party Plaintiff,Third-Party v Index No. 950354/13

Joseph Esmail and Solita N. Herman, Third-Party Defendants.

-------------------------------------X Appeals having been taken from an order of the Supreme Court, New York County, entered on or about August 31, 2018 and from an order of the same Court entered on or about October 16, 2018, which directed the execution of a deed to convey the subject property. And defendants-appellants having moved to stay enforcement of the aforesaid orders pending hearing and determination of the appeals taken therefrom (M-6544/M-6548), Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that the motions are denied as moot, a deed transferring the aforesaid property having been recorded on December 24, 2018 (M-6544/M-6548). ENTERED: January 22, 2019

_____________________ CLERK

PRESENT: Hon. Rosalyn H. Richter,Justice Presiding, Sallie Manzanet-Daniels Peter Tom Marcy L. Kahn Anil C. Singh,Justices

M-6548

M-6544

Index No. 650205/11