| Fairfield 360 Cent., LLC v Norman Harris |
| Motion No: 2019-00391 NC |
| Slip Opinion No: 2019 NY Slip Op 84248(U) |
| Decided on November 6, 2019 |
| Appellate Term, Second 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. |
of the State of New York for the 9th & 10th Judicial Districts
THOMAS A. ADAMS, P.J.
JERRY GARGUILO
TERRY JANE RUDERMAN, JJ.
DECISION & ORDER ON MOTION
| Fairfield 360 Central, LLC, Respondent, v Norman Harris, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from an order of the District Court of Nassau County, First District, entered February 13, 2019, and for leave to prosecute the appeal as a poor person. By decision and order on motion dated March 27, 2019, it appearing that there was a question of fact as to whether appellant Norman Harris is an adult incapable of adequately defending his rights, the matter was remitted to the District Court for a hearing to be held to determine whether appellant Norman Harris is an adult incapable of adequately defending his rights and, if so, for the appointment of a guardian ad litem. By order dated April 29, 2019, the District Court granted appellant's motion to vacate the final judgment and dismissed the petition.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the District Court's April 29, 2019 order, it is
ORDERED, on the court's own motion, that the appeal is dismissed, as the proceeding is no longer pending; and it is further,
ORDERED that appellant's motion is denied as academic.
ENTER:
Paul Kenny
Chief Clerk