Libra Max v ALP Inc. etc. et al.

Motion No: M-93

Slip Opinion No: 2019 NYSlipOp 65051(U)

Decided on March 12, 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.

March 12, 2019

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 on or about June 28, 2018, and said appeals having been perfected, And petitioner-respondent Libra Max and respondent-respondent guardian having jointly moved for an order 1) dismissing the aforesaid appeals on the grounds that the appeals are moot, and that respondents-appellants lack the authority to perfect same; 2)permitting appellant ALP to withdraw the appeals;

3) awarding movants costs and attorneys' fees pursuant to

22 NYCRR Rule 130-1.1 of the Chief Administrator, or 4) adjourning the appeals if they are not dismissed or withdrawn, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of adjourning the appeals to the June 2019 Term, without prejudice to petitioner-respondent and respondent-respondent raising their arguments, in their respondents' briefs.ENTERED: March 12, 2019

_____________________ CLERK

Present - Hon. David Friedman,Justice Presiding, John W. Sweeny, Jr. Rosalyn H. Richter Jeffrey K. Oing Peter H. Moulton,Justices

M-93

Index No. 156641/17