W 108 Development LLC v Nour Foundation .

Motion No: M-2237

Slip Opinion No: 2020 NYSlipOp 70520(U)

Decided on August 27, 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.

August 27, 2020

W 108 Development LLC,

Petitioner-Respondent,

v

Nour Foundation,

Respondent-Appellant.

Appeals having been taken to this Court from an order of the Supreme Court, New York County, entered on or about May 6, 2020, and from a subsequent, superseding order, same Court, entered on or about June 23, 2020, And petitioner-respondent having moved to dismiss respondent-appellant's appeal from the May 6, 2020 order; to vacate the interim relief granted by an order of a Justice of this Court dated June 12, 2020; and for sanctions (M-2237), And respondent-appellant having moved for stay of enforcement of the May 6,2020 order (M-2013),Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had therein, It is ordered that that branch of petitioner-respondent's motion (M-2237) to dismiss the appeal from the May 6, 2020 order is granted as that appeal has been superceded by the respondent-appellant's appeal from the June 23, 2020 order; that branch of the motion seeking sanctions is denied, and it is furtherOrdered that respondent-appellant's motion (M-2013) to stay enforcement of the May 6, 2020 order is denied as academic. ENTERED: August 27, 2020

_____________________ CLERK

Present - Hon. Rolando T. Acosta,Presiding Justice, Judith J. Gische Troy K. Webber Ellen Gesmer Jeffrey K. Oing, Justices

M-2237

M-2013

Index No. 155443/19