| JANET E. ENOCH, STEVE O. HINDI AND MICHAEL KOBLISKA V JEREMY EBMEYER , MARSHALL FARMS GROUP, LTD., KENNETH VAN FLEET |
| Motion No: CA 20-01539 |
| Slip Opinion No: 2021 NY Slip Op 74530(U) |
| Decided on October 22, 2021 |
| Appellate Division, Fourth 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. |
PRESENT: PERADOTTO, J.P., CARNI, LINDLEY, AND BANNISTER, JJ.
CA 20-01539
| JANET E. ENOCH, STEVE O. HINDI AND MICHAEL
KOBLISKA, PLAINTIFFS-RESPONDENTS, V JEREMY EBMEYER, ET AL., DEFENDANTS, MARSHALL FARMS GROUP, LTD., KENNETH
VAN FLEET, JR., MICHAEL KAPLAN AND PAUL REED, DEFENDANTS-APPELLANTS. Index No:
CV085096 |
Respondents having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court, Wayne County, entered November 16, 2020, on the ground that the appeal is moot, and having moved for costs, attorneys' fees, and other relief,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted insofar as it seeks to dismiss the appeal and the appeal is hereby dismissed, and
It is further ORDERED that the motion is otherwise denied.
Memorandum: The Court takes judicial notice of the order and judgment of Supreme Court, Wayne County, entered September 30, 2021, in this action (see e.g. Matter of Smith v Cashaw, 129 AD3d 1551 [4th Dept 2015]).
Entered: October 22, 2021
Ann Dillon Flynn
Clerk of the Court