| Kairey v Hirsch |
| Motion No: 2023-03652 |
| Slip Opinion No: 2024 NY Slip Op 61370(U) |
| Decided on January 29, 2024 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M293868
AFA/
BETSY BARROS, J.P.
CHERYL E. CHAMBERS
LARA J. GENOVESI
LOURDES M. VENTURA, JJ.
|
2023-03652 Elizabeth M. Kairey, respondent, v Elliot M. Hirsch, appellant. (Index No. 53206/2018)
| DECISION & ORDER ON MOTION |
Appeal from an interlocutory judgment of the Supreme Court, Kings County, dated March 24, 2023. Motion by the appellant to stay enforcement of the interlocutory judgment pending hearing and determination of the appeal, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that the interlocutory judgment has been superseded by a judgment of the Supreme Court, Kings County, dated July 26, 2023; and it is further,
ORDERED that the motion is denied as academic.
BARROS, J.P., CHAMBERS, GENOVESI and VENTURA, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court