In the Matter of the Application of Lenox Hill Apartments Inc.

Motion No: M-3442

Slip Opinion No: 2017 NYSlipOp 89499(U)

Decided on October 19, 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 19, 2017

In the Matter of the Application of

Lenox Hill Apartments Inc.,

Petitioner-Respondent,

For a Judgment Pursuant to Article 78

of the CPLR, v

New York State Division of Housing

and Community Renewal,

Respondent-Appellant.

An appeal having been taken to this Court from the order and judgment (one paper) of the Supreme Court, New York County, entered on or about March 28, 2017, And petitioner-respondent having moved, pursuant to CPLR 5519(c) for vacatur of an automatic stay pending hearing and determination of the aforesaid appeal or, in the alternative, directing respondent-appellant to perfect the appeal forthwith, or dismissing the appeal for failure to file the record, 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 in its entirety. ENTERED: October 19, 2017

_____________________ CLERK

Present - Hon. Barbara R. Kapnick,Justice Presiding, Marcy L. Kahn Ellen Gesmer Cynthia S. Kern Peter H. Moulton,Justices

M-3442

Index No. 102049/16