IN RE: Pinchas HALPERIN (2026)

DECISION & ORDER

In a proceeding pursuant to CPLR article 75, inter alia, to enjoin U C Management, LLC, and Yitzchak Kaminetzky from breaching certain contractual duties and financial obligations concerning Kamin Health Williamsburg, LLC, and to compel their compliance with an interim order dated December 22, 2020, issued by a Beth Din in a pending arbitration proceeding between the parties until a final decision and award is rendered in that proceeding, the proposed intervenor, Douglas J. Pick, as Assignee for the Benefit of Creditors of Kamin Health Williamsburg, LLC, appeals from an order of the Supreme Court, Kings County (Wavny Toussaint, J.), dated June 22, 2021.  The order, upon a stipulation of settlement dated June 2, 2021, dismissed the petition, deemed as withdrawn (1) a pending motion by the petitioner to hold U C Management, LLC, and Yitzchak Kaminetzky in civil contempt and to impose a fine upon them for failing to comply with a temporary restraining order of the same court dated September 27, 2019, and a preliminary injunction order of the same court dated December 6, 2019, (2) a pending motion by U C Management, LLC, and Yitzchak Kaminetzky, in effect, to partially vacate the December 6, 2019 preliminary injunction order, and (3) a pending motion by U C Management, LLC, and Yitzchak Kaminetzky to vacate the interim order dated December 22, 2020, issued by the Beth Din, and, in effect, denied a motion by the proposed intervenor, Douglas J. Pick, as Assignee for the Benefit of Creditors of Kamin Health Williamsburg, LLC, to intervene in this matter.

ORDERED that the appeal is dismissed, without costs or disbursements.

The appeal from so much of the order as, upon a stipulation of settlement dated June 2, 2021, dismissed the petition and deemed as withdrawn (1) a pending motion by the petitioner to hold U C Management, LLC, and Yitzchak Kaminetzky in civil contempt and to impose a fine upon them for failing to comply with a temporary restraining order of the same court dated September 27, 2019, and a preliminary injunction order of the same court dated December 6, 2019, (2) a pending motion by U C Management, LLC, and Yitzchak Kaminetzky, in effect, to partially vacate the December 6, 2019 preliminary injunction order, and (3) a pending motion by U C Management, LLC, and Yitzchak Kaminetzky to vacate an interim order dated December 22, 2020, issued by a Beth Din must be dismissed because the appellant is not aggrieved by those portions of the order (see CPLR 5511;  Estella v. Val Auto, LLC, 221 A.D.3d 967, 968, 201 N.Y.S.3d 127;  Mixon v. TBV, Inc., 76 A.D.3d 144, 156–157, 904 N.Y.S.2d 132).

The appeal from so much of the order as, in effect, denied a motion by the proposed intervenor, Douglas J. Pick, as Assignee for the Benefit of Creditors of Kamin Health Williamsburg, LLC, to intervene in this matter must be dismissed as academic, and no exception to the mootness doctrine applies (see Coleman v. Daines, 19 N.Y.3d 1087, 1090, 955 N.Y.S.2d 831, 979 N.E.2d 1158;  Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714, 431 N.Y.S.2d 400, 409 N.E.2d 876;  Matter of Orangetown Police Dept. v. Cashell, 238 A.D.3d 1152, 1153, 235 N.Y.S.3d 404;  Matter of Anonymous [South Beach Psychiatric Ctr.], 114 A.D.3d 675, 675, 980 N.Y.S.2d 125;  Matter of Field v. Stamile, 85 A.D.3d 1164, 926 N.Y.S.2d 307).

DILLON, J.P., CHAMBERS, WAN and LOVE, JJ., concur.