Appellate Division: Second Judicial Department

M165805

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

SANDRA L. SGROI, JJ.

2013-09471 In the Matter of Bill De Blasio, et al., petitioners, Boerum Hill Association, et al., petitioners-respondents, v State University of New York, et al., appellants. (Index No. 13007/13)

DECISION & ORDER ON MOTION

Motion by the appellants State University of New York, Trustees of State University of New York, State University of New York Downstate Medical Center, State University of New York Downstate Medical Center Council, and John F. Williams for leave to appeal to this Court from an order of the Supreme Court, Kings County, dated October 11, 2013, to stay all proceedings in the above-entitled matter, pending hearing and determination of their appeal, and for 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 branch of the motion which is for leave to appeal is granted; and it is further,

ORDERED that the branch of the motion which is to stay all proceedings is denied; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is granted; and it is further,

ORDERED that the appellants State University of New York, Trustees of State University of New York, State University of New York Downstate Medical Center, State University of New York Downstate Medical Center Council, and John F. Williams must perfect their appeal on or before December 2, 2013.

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

ENTER:

Aprilanne Agostino

Clerk of the Court