Capri Productions, Ltd. v. Levine

201 A.D.2d 318, 608 N.Y.S.2d 834

Opinion

Appeal from orders, Supreme Court, New York County (Beatrice Shainswit, J.), entered April 16, 1993 and April 27, 1993, which denied defendants’ request for a six-month adjournment of trial, unanimously dismissed as moot, without costs.

The issue of whether the IAS Court abused its discretion in refusing defendants a six-month adjournment of trial on account of defendant Levine’s medical condition has been rendered moot by the lapse of more than six months without a trial as a result of the stay that was issued by this Court to abide the appeal (see, Matter of Anonymous v New York City Health & Hosps. Corp., 70 NY2d 972). Concur — Sullivan, J. P., Rosenberger, Kupferman and Ross, JJ.