Matter of Property located at 162nd Avenue between Shellbank Basin and
Motion No: 2020-06223
Slip Opinion No: 2024 NY Slip Op 61528(U)
Decided on January 31, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M293920

AFA/

COLLEEN D. DUFFY, J.P.

PAUL WOOTEN

WILLIAM G. FORD

JANICE A. TAYLOR, JJ.

2020-06223

In the Matter of Property located at 162nd Avenue

between Shellbank Basin and 95th Street, in the

Borough of Queens, City and State of New York.

City of New York, petitioner-appellant;

David Schwartz, et al., respondents-respondents.

(Index No. 701761/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, entered July 16, 2020.

Motion by the appellant to apply the exception to the mootness doctrine to the appeal or, in the alternative, to vacate the order.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

DUFFY, J.P., WOOTEN, FORD and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court