Opinion
Motion No. 2022-04329 Index No. 160988/17Case No. 2021-04203
12-29-2022
In the Matter of Johnmark Majuc, Petitioner-Respondent, v. New York County District Attorney's Office and Cyrus R. Vance, Jr., In His Official Capacity as The District Attorney of New York County, Respondents-Appellants. For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules,
Unpublished Opinion
MOTION DECISION
Present - Hon. Barbara R. Kapnick, Cynthia S. Kern Martin Shulman Julio Rodriguez III John R. Higgitt, Justice Presiding, Justices.
An appeal having been taken to this Court from an order and judgment (one paper) of the Supreme Court, New York County, entered on or about October 13, 2021, and said appeal having been perfected, And petitioner-respondent having moved to dismiss the appeal due to a change of circumstances whereby respondents-appellants are no longer aggrieved parties pursuant to CPLR 5511, rendering the appeal moot, 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 is denied without prejudice to petitioner-respondent arguing to the appeal bench that the appeal is moot or to defendants-appellants arguing that, notwithstanding any determination by this Court that the appeal is moot, it should nevertheless reverse the order and judgment appealed from or grant any additional relief; sua sponte, the perfected appeal is adjourned to the March 2023 Term of this Court.