In the Matter of the Application of Anita Gates

Motion No: M-6076

Slip Opinion No: 2017 NYSlipOp 64226(U)

Decided on February 14, 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.

February 14, 2017

In the Matter of the Application of

Anita Gates,

Petitioner-Respondent,

For a Judgment Pursuant to Article 78

of the Civil Practice Law and Rules v

Woody Pascal, in his capacity as

Deputy Commissioner, State of New York,

Division of Housing and Community

Renewal, Office of Rent Administration,

Respondent-Respondent,

-and-

Tremada Holdings LLC-West End Ave

Series,

Respondent-Appellant.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about July 18, 2016, And respondent-appellant Tremada Holdings LLC-West End Ave

Series, having moved to stay enforcement of the aforesaid order, pending hearing and determination of the appeal taken therefrom (M-5842), And respondent-respondent, State of New York Division of Housing and Community Renewal having cross-moved to dismiss the notice of appeal on the basis that there is no appeal as of right from the Supreme Court order in question (M-6076), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, It is ordered that the motion for a stay and related relief is denied (M-5842). The cross-motion is granted and the notice of appeal filed by respondent-appellant is dismissed (M-6076). ENTERED: February 14, 2017

_____________________ CLERK

PRESENT: Hon. Rolando T. Acosta,Justice Presiding, Angela M. Mazzarelli Sallie Manzanet-Daniels Troy K. Webber Ellen Gesmer,Justices

M-6076

M-5842

Index No. 100950/16