Opinion
Motion No: 2019-00391 NC
11-06-2019
Fairfield 360 Central, LLC, Respondent, v. Norman Harris, Appellant.
JERRY GARGUILO
TERRY JANE RUDERMAN, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for a stay pending the determination of an appeal from an order of the District Court of Nassau County, First District, entered February 13, 2019, and for leave to prosecute the appeal as a poor person. By decision and order on motion dated March 27, 2019, it appearing that there was a question of fact as to whether appellant Norman Harris is an adult incapable of adequately defending his rights, the matter was remitted to the District Court for a hearing to be held to determine whether appellant Norman Harris is an adult incapable of adequately defending his rights and, if so, for the appointment of a guardian ad litem. By order dated April 29, 2019, the District Court granted appellant's motion to vacate the final judgment and dismissed the petition.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the District Court's April 29, 2019 order, it is
ORDERED, on the court's own motion, that the appeal is dismissed, as the proceeding is no longer pending; and it is further,
ORDERED that appellant's motion is denied as academic.
ENTER:
Paul Kenny
Chief Clerk