discussed Cited "see, e.g." Creekstone Juban I, LLC v. XL Ins. Am., Inc. The Supreme Court in its well-reasoned decision fashioned an appropriate remedy under the unique circumstances presented here ( see Matter of Fludd v Goldberg , 51 AD3d 153, 158 [1st Dept 2008] ["While a case is pending, gray area situations may require a court to act in the absence of explicit authority, so that the adjudicative process can function"][citation and internal quotation marks omitted]; see also Alvarez v Snyder , 264 AD2d 27, 35 [1st Dept 2000], lv denied 95 NY2d 759 [2000], cert denied 531 US 1158 [2001]).