15 West 55th St. Property LLC the Land v James D'Auguste Justice of the Supreme

Motion No: M-376

Slip Opinion No: 2017 NYSlipOp 67805(U)

Decided on March 21, 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.

March 21, 2017

15 West 55th St. Property LLC, The Land

and Building Known as 15 West 55th St.,

Block 1271, Lot 27, et al.,

Petitioners,

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

v

James D'Auguste, Justice of the Supreme

Court,

Respondent,

City of New York,

Interested Non-Party.

Non-party City of New York having moved to dismiss this Writ of Prohibition or, in the alternative, for an order granting the City of New York leave to intervene as a respondent, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, it is Ordered that non-party City of New York's motion is denied as academic in light of the disposition of Appeal No. 3468, decided simultaneously herewith. ENTERED: March 21, 2017

_____________________ CLERK

Present: Hon. Rolando T. Acosta, Justice Presiding, Dianne T. Renwick Sallie Manzanet-Daniels Troy K. Webber Ellen Gesmer, Justices

M-376

Index No. 92/17