Cariou v. Prince

Filing 89

MOTION ORDER, denying motion to dismiss [51] filed by Appellee Patrick Cariou, by GC, RCW, GEL, FILED. [390931][89] [11-1197]

S.D.N.Y.-N.Y.C.
08-cv-11327
Batts, J.

United States Court of Appeals
FOR THE

SECOND CIRCUIT

At a stated term of the United States Court of Appeals for the Second
Circuit, held at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl
Street, in the City of New York, on the 14th day of September, two thousand eleven,
Present:
Guido Calabresi,
Richard C. Wesley,
Gerard E. Lynch,
Circuit Judges.
Richard Prince,
Defendant-Appellant,
Gagosian Gallery, Inc., Lawrence Gagosian,
Defendants-CrossDefendants-Appellants.
v.

11-1197-cv

Patrick Cariou,
Plaintiff-Appellee.

Appellee, through counsel, moves to dismiss the appeal as moot and not encompassed by 28 U.S.C.§
1292(a). Upon due consideration, it is hereby ORDERED that the motion is DENIED. The order
at issue falls within 28 U.S.C. § 1292(a) and there remains “a continuing controversy capable of
redress by this Court.” See Haley v. Pataki, 60 F.3d 137, 140-41 (2d Cir. 1995).
FOR THE COURT:
Catherine O’Hagan Wolfe, Clerk

SAO-rlf