Matter of Baffert v New York Racing Association, Inc.
Motion No: 2023-01360
Slip Opinion No: 2025 NY Slip Op 61969(U)
Decided on February 3, 2025
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

M302593

AFA/

LARA J. GENOVESI, J.P.

VALERIE BRATHWAITE NELSON

BARRY E. WARHIT

JAMES P. MCCORMACK, JJ.

2023-01360

In the Matter of Robert A. Baffert,

petitioner-respondent, v New York Racing

Association, Inc., respondent-appellant.

(Index No. 722260/2022)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated January 27, 2023. Motion by the respondent-appellant to dismiss the above-entitled action/proceeding on the ground that it has been rendered academic.

Upon the papers filed in support of the motion and the papers filed in opposition 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.

GENOVESI, J.P., BRATHWAITE NELSON, WARHIT and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court