Opinion
Motion No: M-1524
06-25-2020
Joseph Fisher, Plaintiff-Respondent, v. Patrick Stone formerly known as Patrick O'Brien, Defendant, Andrew Davis, Nonparty Appellant.
An appeal having been taken from an order of the Supreme Court, New York County, entered on or about September 24, 2019, which denied nonparty Andrew Davis's motion to intervene under CPLR 1012 and CPLR 1013, And plaintiff-respondent having moved to dismiss the aforementioned appeal,And a decision and order of this Court having been entered on May 28, 2020 (Appeal No. 11587N) affirming the aforementioned order denying nonparty Andrew Davis's motion to intervene, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion to dismiss the appeal is denied as academic.
ENTERED: June 25, 2020
__________ CLERK
PRESENT: Hon. Rolando T. Acosta, Presiding Justice, David Friedman Dianne T. Renwick Rosalyn H. Richter Sallie Manzanet-Daniels, Justices
M-1524
Index No. 652246/19