Matter of 214-216-218 Tenants Association v New York
Motion No: 2008-09587
Slip Opinion No: 2009 NYSlipOp 70009(U)
Decided on April 17, 2009
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M85386

S/nl

WILLIAM F. MASTRO, J.P.

HOWARD MILLER

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2008-09587

In the Matter of 214-216-218 Tenants

Association, etc., petitioner-respondent,

v New York State Division of Housing

and Community Renewal, respondent,

President Adams Realty, LLC, appellant.

(Index No. 45777/07)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated August 21, 2008.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right and leave to appeal has not been granted (see CPLR 5701[b]); and it is further,

ORDERED that the application is denied as academic.

MASTRO, J.P., MILLER, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court