In the Matter of the Application of 15 West 55th St. Property LLC

Motion No: M-953

Slip Opinion No: 2017 NYSlipOp 69668(U)

Decided on April 6, 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.

April 6, 2017

In the Matter of the Application of

15 West 55th St. Property LLC, The Land

and Building Known as 15 West 55th St.,

Block 1271, Lot 27, etc., 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, State of New York,

Respondent,

City of New York,

Interested Non-Party.

Non-party City of New York having moved for an order finding petitioners engaged in frivolous conduct in their prosecution of this proceeding and for the imposition of certain costs and sanctions, 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, without prejudice to movant seeking said relief in the Supreme Court. ENTERED: April 6, 2017

____________________ CLERK

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

M-953

Index No. 92/17