Order, Supreme Court, New York County (Melvin L. Schweitzer, J.), entered December 17, 2014, which, to the extent appealed from as limited by the briefs, denied nonparty Arik Kislin's motion for a protective order, unanimously affirmed, with costs. Appeal from order, same court (Anil C. Singh, J.), entered June 23, 2015, which effectively granted reargument of the motion for a protective order, and, upon reargument, adhered to the original determination, unanimously dismissed, without costs, as academic.
The motion court (Schweitzer, J.) providently exercised its discretion in denying Kislin's motion for a protective order limiting plaintiff's use of a restraining notice (see Fiore v Oakwood Plaza Shopping Ctr., 178 A.D.2d 311, 312 [1st Dept 1991], appeal dismissed 80 N.Y.2d 826 [1992]). The restraining notice states that Kislin is restrained from making "any sale, assignment or transfer of ... all property in which the judgment debtor [defendant] has an interest." Although the notice would be ineffective if the judgment debtor defendant does not have any interest in property in Kislin's possession or custody (see CPLR 5222 [b]; Gallant v Kanterman, 198 A.D.2d 76, 78 [1st Dept 1993]), postjudgment discovery is incomplete and there is evidence of an extensive and entwined business relationship between Kislin, the judgment debtor, and a nonparty, Iskander Makhmudov, involving their interests in various entities, including the Hotel Gansevoort. Accordingly, there is no basis for a protective order at this time.
