Opinion
Motion No: M-5469
12-06-2016
An appeal having been taken to this Court from orders of the Supreme Court, New York County, entered on or about August 22, 2015, And plaintiff-respondent having moved for dismissal of the aforesaid appeal upon the grounds it is academic or, in the alternative, for adjournment of the aforesaid appeal, 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 the extent it seeks to dismiss the aforesaid appeal, is denied, without prejudice to addressing the issue directly on appeal. The appeal is adjourned to the February 2017 Term. Sua sponte, plaintiff-respondent is granted leave to include a copy of the second amended complaint as an appendix to its respondent's brief.
ENTERED: December 6, 2016
_____________________ CLERK
Present - Hon. Peter Tom,Justice Presiding, Rolando T. Acosta Richard T. Andrias Karla Moskowitz Marcy L. Kahn,Justices
M-5469
Index No. 153857/14