Opinion
2021-76088 Motion 2021-03636 2021-03732
12-16-2021
The People of the State of New York, by Letitia James, Attorney General of the Stateof New York, Plaintiff-Respondent, v. Laurence G. Allen, et al., Defendants-Appellants, NYPPEX, LLC, et al., Relief Defendants-Appellants. Index No. 452378/19 Nos. 2020-01772, 2020-03705, 2021-00701, 2021-00726, 2021-00942, 2021-01699
Unpublished Opinion
MOTION DECISION
PRESENT: Hon. Dianne T. Renwick, Justice Presiding, Barbara R. Kapnick Saliann Scarpulla Julio Rodriguez III John R. Higgitt, Justices.
Defendants-appellants and the relief defendants-appellants having jointly moved for reargument of, or in the alternative, for leave to appeal to the Court of Appeals, from the decision and order of this Court, entered on October 21, 2021 (Appeal Nos. 14460-14461-14462-14463) [M-2021-03636], And plaintiff-respondent having cross-moved to vacate the order of this Court, entered on May 20, 2021 [M-2021-01325] which, inter alia, stayed the liquidation of defendant entities pending the hearing and determination of the appeals; and the order of this Court, entered on August 05, 2021 [M-2021-02280], which directed that defendant-entities be returned to their status as of May 20, 2021, and which clarified that the prior May 20, 2021 stay order [M-2021-01325] included a stay of the liquidation of the funds and/or assets held by defendant entities, pending the hearing and determination of the appeals [M-2021-03732], Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, 1
It is ordered that the motion by defendants-appellants/relief defendants-appellants for reargument of, or in the alternative, for leave to appeal to the Court of Appeals, is denied [M-2021-03636], and
It is further ordered that the cross motion by plaintiff-respondent to vacate the stay orders of this Court, entered on May 20, 2021 [M-2021-01325], and on August 05, 2021 [M-2021-02280], is granted only insofar as to vacate the stay[s] pursuant to CPLR 5519(e)(ii) [M-2021-03732]. 2