| Rite Aid of New York, Inc. v Smith Street Realty, LLC |
| Motion No: 2022-10089 |
| Slip Opinion No: 2024 NY Slip Op 74871(U) |
| Decided on September 20, 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
M299343
ID/
MARK C. DILLON, J.P.
BARRY E. WARHIT
LILLIAN WAN
DONNA-MARIE E. GOLIA, JJ.
|
2022-10089 Rite Aid of New York, Inc., appellant, v Smith Street Realty, LLC, etc., respondent. (Index No. 521192/2022)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated November 14, 2022. Motion by the appellant, inter alia, to stay enforcement of the order, pending hearing and determination of the appeal. Motion by the respondent to dismiss the appeal on the ground that it has been rendered academic.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements; and it is further,
ORDERED that the motion, inter alia, to stay enforcement of the order is denied as academic.
DILLON, J.P., WARHIT, WAN and GOLIA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court