In the Matter of Jose Verdugo

Motion No: M-8804

Slip Opinion No: 2020 NYSlipOp 60203(U)

Decided on January 7, 2020

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.

January 7, 2020

In the Matter of

Jose Verdugo,

An Incapacitated Person.

v

- - - - - - - - - - - - - -Flomenhaft & Cannata, LLP and Michael Flomenhaft,

Non-Party Appellants,

Schwartz Goldstone Campisi & Kates

LLC and Herbert Rodriguez,

Non-Party Respondents.

Appeals having been taken to this Court from orders of the Supreme Court, New York County, entered on or about January 4, 2019 and January 7, 2019, and said appeals having been perfected, And non-party appellants having moved for a preliminary appellate injunction staying discovery and the underlying fee apportionment proceeding, pending hearing and determination of the aforesaid appeals, 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 denied, and the interim relief granted by the order of a Justice of this Court, dated December 5, 2019, is vacated. ENTERED: January 7, 2020

_____________________ CLERK

Present - Hon. Sallie Manzanet-Daniels,Justice Presiding, Judith J. Gische Angela M. Mazzarelli Troy K. Webber Ellen Gesmer,Justices

M-8804

Index No. 500137/09