In Re Second Avenue Gas v the City of New York et al.

Motion No: M-2257

Slip Opinion No: 2017 NYSlipOp 83487(U)

Decided on August 22, 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.

August 22, 2017

In Re: Second Avenue Gas

Explosion Litigation.

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Rajendra Bk,

Plaintiff-Respondent,

v

The City of New York, et al.,

Defendants,

Neighborhood Construction Corporation,

et al.,

Defendants-Respondents.

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New York County District Attorney,

Non-Party Intervenor-Appellant.

An appeal having been taken to this Court from the order

of the Supreme Court, New York County, entered on or about February 6, 2017, And non-party appellant having moved, pursuant to CPLR 5519(a)(1), to enforce an automatic stay, 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: August 22, 2017

_____________________ DEPUTY CLERK

Present - Hon. John W. Sweeny, Jr., Justice Presiding, Angela M. Mazzarelli Richard T. Andrias Karla Moskowitz Judith J. Gische, Justices

M-2257

Index No. 781000/16