Dorothea Mazurek individually and as v Ester K. Rogers

Motion No: M-218

Slip Opinion No: 2020 NYSlipOp 62707(U)

Decided on February 13, 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.

February 13, 2020

Dorothea Mazurek, individually and as

Managing member of 3929 Carpenter Ave.,

LLC, 4026 Carpenter Ave., LLC, 1090

University Ave., LLC,

Plaintiffs-Respondents,

v

Ester K. Rogers,

Defendant-Appellant,

3929 Carpenter Ave.,LLC,

4026 Carpenter Ave., LLC, 1090

University Ave., LLC,

Nominal Defendants-Appellants.

Defendant-appellant, Ester K. Rodgers, having purportedly moved for leave to appeal to this Court from an order to show cause of the Supreme Court, New York County, dated December 20, 2019, and to stay, pending the hearing and determination of the appeal, enforcement of the temporary restraining orders contained in the order to show cause, which, inter alia, enjoined defendant from taking any action on behalf of the subject companies without plaintiffs receiving notice of the decision and approving such action, and directed that certain monies that were withdrawn and distributed from 1090 University Avenue LLC's bank account be held in escrow, Now, upon reading and filing the papers with respect to the motion, and due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, deemed to include a request for relief pursuant to CPLR 5704(a), is denied in its entirety.ENTERED: FEBRUARY 13, 2020

_____________________ CLERK

PRESENT: Hon. Dianne T. Renwick,Justice Presiding, Angela M. Mazzarelli Ellen Gesmer Cynthia S. Kern,Justices

M-218

Index No. 35108/19