Matter of 214-216-218 Tenants Association v New York Stat
Motion No: 2008-09587
Slip Opinion No: 2009 NY Slip Op 76622(U)
Decided on June 29, 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

M88634

E/sl

ROBERT A. SPOLZINO, J.P.

PETER B. SKELOS

MARK C. DILLON

JOHN M. LEVENTHAL, 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

Motion by the appellant to recall and vacate a decision and order on motion of this court dated April 17, 2009, which dismissed an appeal from an order of the Supreme Court, Kings County, dated August 21, 2008, on the ground that the order was not appealable as of right, and to reinstate the appeal or, in the alternative, for leave to appeal to this court from the order dated August 21, 2008.

Upon the papers filed in support of the motion and the papers filed in relation or opposition thereto, it is

ORDERED that the motion is denied.

SPOLZINO, J.P., SKELOS, DILLON and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court