Philip Shawe v Elizabeth Elting .

Motion No: M-3769

Slip Opinion No: 2019 NYSlipOp 80164(U)

Decided on September 24, 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.

September 24, 2019

Philip Shawe,

Plaintiff-Appellant,

v

Elizabeth Elting,

Defendant-Respondent.

Appeals having been taken from orders of the Supreme Court, New York County entered on or about February 7, 2018 and on or about February 16, 2019, and a consolidated appeal having been perfected for the October 2019 Term,And defendant-respondent having moved to dismiss the aforesaid appeal as moot, or, in the alternative, to adjourn the appeal, 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, insofar as it seeks to dismiss the appeal, is denied, without prejudice to defendant raising her substantive arguments in her respondent's brief. The appeal is adjourned to the December 2019 Term.ENTERED: September 24, 2019

_____________________ CLERK

PRESENT: Hon. Angela M. Mazzarelli, Justice Presiding, Barbara R. Kapnick Troy K. Webber Ellen Gesmer Cynthia S. Kern, Justices

M-3769

Index No. 155890/14