Joseph Fisher v Patrick Stone formerly known as

Motion No: M-1524

Slip Opinion No: 2020 NYSlipOp 67608(U)

Decided on June 25, 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.

June 25, 2020

Joseph Fisher,

Plaintiff-Respondent,

v

Patrick Stone formerly known as

Patrick O'Brien,

Defendant,

Andrew Davis,

Nonparty Appellant.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about September 24, 2019, which denied nonparty Andrew Davis's motion to intervene under CPLR 1012 and CPLR 1013, And plaintiff-respondent having moved to dismiss the aforementioned appeal,And a decision and order of this Court having been entered on May 28, 2020 (Appeal No. 11587N) affirming the aforementioned order denying nonparty Andrew Davis's motion to intervene, 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 to dismiss the appeal is denied as academic. ENTERED: June 25, 2020

_____________________ CLERK

PRESENT: Hon. Rolando T. Acosta, Presiding Justice, David Friedman Dianne T. Renwick Rosalyn H. Richter Sallie Manzanet-Daniels, Justices

M-1524

Index No. 652246/19