Matter of Herman v New York City Department of Housing P
Motion No: 2012-11349
Slip Opinion No: 2013 NY Slip Op 63824(U)
Decided on February 6, 2013
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

M150985

E/sl

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

SANDRA L. SGROI, JJ.

2012-11349

In the Matter of Joel Herman, respondent,

v New York City Department of Housing

Preservation and Development (NYC HPD),

et al., appellants.

(Index No. 25720/11)

DECISION & ORDER ON MOTION

Motion by the respondent to vacate an automatic stay, which is in effect pursuant to CPLR 5519(a)(1), pending hearing and determination of an appeal from a judgment of the Supreme Court, Kings County, dated September 10, 2012, or, in the alternative, for an expedited briefing schedule and a preference in the calendaring of the appeal.

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

ORDERED that the motion is denied.

SKELOS, J.P., LEVENTHAL, HALL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court