Highland Crusader Offshore Partners L.P. v Targeted Delivery Technologies Holdings

Motion No: M-2911

Slip Opinion No: 2019 NYSlipOp 76822(U)

Decided on August 6, 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.

August 6, 2019

Highland Crusader Offshore Partners, L.P.,

Highland Credit Opportunities CDO, LTD.,

Highland Credit Strategies Master Fund,

L.P., Highlander Restoration Capital

Partners Master, L.P., and Nextpoint

Credit Strategies Fund, Plaintiffs-Respondents,

v

Targeted Delivery Technologies Holdings,

Ltd., Targeted Delivery Technologies, Ltd.,

Celtic Pharmaceutical Holdings, L.P.,

Celtic Pharma Management, L.P., Celtic

Pharma Management Ltd., Celtic Pharma Fix

Venture Ltd., Celtic Pharma Fix Ltd., and

John Mayo,

Defendants-Appellants,

Xenova Group Ltd., TDT 044 Ltd., TDT 054 Ltd.,

TDT 077 Ltd., Celtic Pharma Development

Services Bermuda, Ltd., Celtic Therapeutics

Management LLLP doing business as Auven

Therapeutics Management LLLP and as successor-

in-interest to Celtic Pharma Management, L.P.,

Celtic Pharma Management Company, Ltd.,

Stephen Evans-Freke,

Defendants.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about December 4, 2018 (Calendar No. 2019-305),Now, upon reading and filing the correspondence from the attorney for defendants-appellants, Celtic Pharmaceutical Holdings, L.P. and Celtic Pharma Management, L.P., dated June 6, 2019, and due deliberation having been had thereon, It is ordered that the appeal (Calendar No. 2019-305) is deemed withdrawn only as to defendants-appellants, Celtic Pharmaceutical Holdings, L.P. and Celtic Pharma Management, L.P., in accordance with the aforesaid correspondence.ENTERED: August 6, 2019

_____________________ DEPUTY CLERK

Present - Hon. Rolando T. Acosta,Presiding Justice,David Friedman John W. Sweeny, Jr. Dianne T. Renwick Rosalyn H. Richter,Justices

M-2911

Index No. 653486/16