In the Matter of the Application of Muriel Gould

Motion No: M-4404

Slip Opinion No: 2017 NYSlipOp 92253(U)

Decided on November 16, 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.

November 16, 2017

In the Matter of the Application of

Muriel Gould,

Petitioner,

For a Judgment Pursuant to Article 78

of the Civil Practice Law and Rules, v

New York City Loft Board,

Respondent,

-and-

Jerrold Lerner and Jaye Nydick,

Respondents.

- - - - - - - - - - - - - - -

In the Matter of the Application of

Jerrold Lerner and Jay Nydick,

Petitioners,

For a Judgment Pursuant to Article 78Index No. 156109/16

of the Civil Practice Law and Rules,

v

New York City Loft Board and Muriel

Gould,

Respondents.

An Article 78 proceeding to review a determination of respondent having been transferred to this Court, pursuant to CPLR 7804(g), by order of the Supreme Court, New York County, entered on or about June 20, 2017 (Index No. 101179/16), and a second Article 78 proceeding to review a determination of respondent having been transferred to this Court, by an order of the same Court and Justice, also entered on or about June 20, 2017 (Index No. 156109/16), And petitioner Muriel Gould having moved for consolidation of the aforesaid proceedings, and to perfect the proceedings on a single record and set of briefs (M-4225), And respondents having cross-moved to dismiss the proceeding under Index No. 101179/16 or, in the alternative, to remit that proceeding to the reviewing Court for disposition of the pending motion to dismiss (M-4404), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon,It is ordered that the motion is granted only to the extent of directing the petitioners in both proceedings to perfect the respective proceedings on separate records and rief on or before March 19, 2017 for the June 2018 Term. If both proceedings are so perfected, the Clerk of the Court is directed to calendar both proceedings to be heard on the same date for said June 2018 Term (M-4225). The cross motion to dismiss Proceeding #1 is denied, without prejudice to raising substantive arguments in the respondents' brief (M-4404). ENTERED: November 16, 2017

_____________________ CLERK

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

M-4404

M-4225

Index No. 101179/16