In the Matter of the Application of Matthew Sullivan

Motion No: M-5189

Slip Opinion No: 2017 NYSlipOp 62894(U)

Decided on January 17, 2017

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.

January 17, 2017

In the Matter of the Application of

Matthew Sullivan,

Petitioner-Respondent,

For an Order Pursuant to Article 78

of the Civil Practice Law and Rules

v 226-8 East 2nd Owners Corp., et al.,

Respondents-Appellants.

An appeal having been taken to this Court from the order and judgment (one paper) of the Supreme Court, New York County, entered on or about October 4, 2016, And petitioner-respondent having moved for a stay of a directive to respondents to sign off on plans, submitted by petitioner, to erect a desk structure on a portion of the roof allocated to Apartment 5E located at 226-8 East 2nd Street, New York, New York, pending hearing and determination of the aforesaid appeal, 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: January 17, 2017

_____________________ CLERK

Present - Hon. David Friedman,Justice Presiding, David B. Saxe Rosalyn H. Richter Judith J. Gische Barbara R. Kapnick,Justices

M-5189

Index No. 101371/15