Appellate Division: Second Judicial Department

M260867

E/afa

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2017-01607 In the Matter of Mark Lew, appellant, v Gail Sobel, et al., respondents. (Index No. 8596/03)

DECISION & ORDER ON MOTION

Motion by Gail Sobel to hold in abeyance an appeal from an order of the Supreme Court, Nassau County, dated December 23, 2016, pending determination of a certain proceeding pursuant to CPLR article 78 by the Appellate Division, First Judicial Department, to transfer this appeal to the Appellate Division, First Judicial Department, or the Appellate Division, Third Judicial Department, to recuse certain Justices of this Court, for leave to make an application for appellate counsel fees, in effect, for poor person relief, and to waive the motion filing fee. Motion by Jeffrey L. Solomon, inter alia, to hold the appeal in abeyance.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motion by Jeffrey L. Solomon is dismissed as he is neither a party to the appeal nor an attorney of record for a party to the appeal and does not have standing to make this motion; and it is further,

ORDERED that the branch of the motion by Gail Sobel which is for leave to make an application for appellate counsel fees is denied without prejudice to making a motion in the Supreme Court, Nassau County; and it is further,

ORDERED that the branch of the motion by Gail Sobel which is to waive the motion filing fee is denied as unnecessary (see CPLR 8022[b]); and it is further,

ORDERED that the motion by Gail Sobel is otherwise denied.

BALKIN, J.P., AUSTIN, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court