Opinion
Motion No: M-93
03-12-2019
Libra Max, Petitioner-Respondent, For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules, v. ALP, Inc., etc., et al., Respondents-Appellants, and Lawrence Flynn, as guardian of the property management for a person in need of a guardian, Respondent-Respondent.
Appeals having been taken from orders of the Supreme Court, New York County, entered on or about May 30, 2018 and on or about June 28, 2018, and said appeals having been perfected, And petitioner-respondent Libra Max and respondent-respondent guardian having jointly moved for an order 1) dismissing the aforesaid appeals on the grounds that the appeals are moot, and that respondents-appellants lack the authority to perfect same; 2)permitting appellant ALP to withdraw the appeals; 3) awarding movants costs and attorneys' fees pursuant to 22 NYCRR Rule 130-1.1 of the Chief Administrator, or 4) adjourning the appeals if they are not dismissed or withdrawn, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of adjourning the appeals to the June 2019 Term, without prejudice to petitioner-respondent and respondent-respondent raising their arguments, in their respondents' briefs.
ENTERED: March 12, 2019
_____________________ CLERK
Present - Hon. David Friedman,Justice Presiding, John W. Sweeny, Jr. Rosalyn H. Richter Jeffrey K. Oing Peter H. Moulton,Justices
M-93
Index No. 156641/17