In the Matter of the Application of OTR Media Group

Motion No: M-3818A

Slip Opinion No: 2017 NYSlipOp 90481(U)

Decided on October 26, 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 26, 2017

In the Matter of the Application of

OTR Media Group, and OTR 330 Bruckner,

LLC,

Petitioners-Appellants, For a Judgment Pursuant to Article 78

of the CPLR,

v

Board of Standards and Appeals of the

City of New York, et al.,

Respondents-Respondents.

An order of a Justice of this Court having been entered on October 26, 2017 (M-3818), granting petitioners leave to appeal to this Court from the order of the Supreme Court, Bronx County, entered on or about May 25, 2017, And petitioners-appellants having moved for a stay of the order pending hearing and determination of the appeal, and for continuation of the terms of a preliminary injunction, dated March 7, 2014, as modified by this Court on March 12, 2014, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the preliminary injunction dated March 7, 2014, as modified by this Court on March 12, 2014, is continued and the stay is also granted solely to the extent of staying so much of the order on appeal as discontinued the preliminary injunction and lifted the stay, on condition the

undertaking previously posted is maintained, and on further condition that petitioner-appellant perfects the appeal on or before December 4, 2017 for the February 2018 Term. ENTERED: October 26, 2017

_____________________ CLERK

Present - Hon. Richard T. Andrias,Justice Presiding, Judith J. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh,Justices

M-3818A

Index No. 260130/14