James Taylor et al. v 72A Realty Associates L.P. et al.

Motion No: M-3230

Slip Opinion No: 2017 NYSlipOp 88644(U)

Decided on October 12, 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.

October 12, 2017

James Taylor, et al.,

Plaintiffs-Respondents,

v

72A Realty Associates, L.P.,

et al.,

Defendants-Appellants.

Defendants-appellants 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 May 25, 2017 (Appeal No. 2673), and for a stay of all proceedings pending hearing and determination of the appeal if the aforesaid leave should be granted [M-3235], And Community Housing Improvement Program, Inc., having moved for leave to appear as an amicus curiae in support of that branch of defendants-appellants' aforesaid motion which seeks leave to appeal to the Court of Appeals [M-3230], Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that Community Housing Improvement Program, Inc.'s motion for leave to appear as an amicus curiae in partial support of defendants-appellants' motion is granted but only to the extent that this Court has considered movant's arguments as an amicus curiae in further support of defendants-appellants' motion [M-3230]. It is further ordered that defendants-appellants' motion is denied in its entirety [M-3235]. ENTERED: October 12, 2017

_____________________ CLERK

Present - Hon. Peter Tom, Justice Presiding, Rosalyn H. Richter Judith J. Gische Ellen Gesmer, Justices

M-3230

M-3235

Index No. 151560/14