In the matter of the Application of Yan Ping Xu

Motion No: M-130

Slip Opinion No: 2020 NYSlipOp 65277(U)

Decided on April 2, 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.

April 2, 2020

In the matter of the Application of

Yan Ping Xu,

Petitioner-Appellant, For a Judgment Pursuant to Article 78

of the Civil Practice Law and Rules,

v

The New York City Department of Health

and Mental Hygiene,

Respondent-Respondent.

A decision and order of this Court having been entered on October 23, 2014, (Appeal No. 13313), unanimously modifying, the judgment of the Supreme Court, New York County, entered on June 13, 2013, to the extent of reinstating the petition and remanding the matter to respondent agency, And petitioner-appellant, having moved for an order holding respondent in civil contempt, for respondent's purported failure to comply with this Court's October 23, 2014 order, 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. ENTERED: April 2, 2020

_____________________ CLERK

PRESENT: Hon. David Friedman, Justice Presiding, Sallie Manzanet-Daniels Angela M. Mazzarelli Ellen Gesmer Lizbeth GonzÁlez,Justices

M-130

Index No. 109534/08