In the Matter of Building Trades Employers' Association

Motion No: M-5969

Slip Opinion No: 2016 NYSlipOp 96133(U)

Decided on December 29, 2016

Appellate Division, First 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.

December 29, 2016

In the Matter of Building Trades

Employers' Association, et al.,

Petitioners,

For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules,

v

Rick D. Chandler, P.E., Commissioner,

New York City Department of Buildings,

Respondent.

Petitioners having moved, pursuant to CPLR 5704(a), for a preliminary appellate injunction which, inter alia, would restrain respondent from implementing any rule or regulation

in requiring the immediate cessation of crawler crane operations in winds above a certain threshold, which relief was denied by

a Justice of the Supreme Court, New York County, on or about November 4, 2016, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is denied. ENTERED: December 29, 2016

_____________________ CLERK

PRESENT: Hon. Angela M. Mazzarelli, Justice Presiding, Rolando T. Acosta Richard T. Andrias Paul G. Feinman Troy K. Webber, Justices

M-5969

Index No. 101765/16