In the Matter of the Application of Broadway Bretton

Motion No: M-648

Slip Opinion No: 2017 NYSlipOp 65543(U)

Decided on February 28, 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 28, 2017

In the Matter of the Application of

Broadway Bretton, Inc.,

Petitioner-Appellant,

For an Order Pursuant to Article 78 of the Civil Practice Law and Rules

v

New York State Division of Housing and

Community Renewal,

Respondent-Respondent,

Bretton Hall Tenants Association,

Respondent-Intervenor-Respondent.

Respondent-intervenor-respondent having moved for reargument of, or in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court entered on January 3, 2017 (Appeal No. 2338), 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: February 28, 2017

_____________________ CLERK

PRESENT: Hon. David Friedman,Justice Presiding, John W. Sweeny, Jr. David B. Saxe Barbara R. Kapnick,Justices

M-648

Index No. 100222/14