Appellate Division: Second Judicial Department

M301257

AFA/

ROBERT J. MILLER, J.P.

JANICE A. TAYLOR

LOURDES M. VENTURA

PHILLIP HOM, JJ.

2024-02813 In the Matter of People of the State of New York, etc., petitioner-respondent, v Cold Spring Acquisition, LLC, etc., appellant, et al., respondents. (Index No. 617709/2022)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated April 9, 2024. Motion by the appellant to stay enforcement of the order and to stay all proceedings in the above-entitled proceeding, pending hearing and determination of the appeal, and to seal exhibits 5 and 6 annexed to the papers in support of the motion.

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that on the Court's own motion, the appeal is dismissed on the ground that the order dated April 9, 2024, has been superseded by an order of the same court dated April 19, 2024; and it is further,

ORDERED that the branches of the motion which are to stay enforcement of the order and to stay all proceedings in the above-entitled proceeding are denied as academic; and it is further,

ORDERED that the branch of the motion which is to seal exhibits 5 and 6 annexed to the papers in support of the motion is granted to the extent that exhibits 5 and 6, which were filed in support of the motion, shall remain sealed.

MILLER, J.P., TAYLOR, VENTURA and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court