In the Matter of the Application of the Home of Sages of Israel

Motion No: M-5901

Slip Opinion No: 2018 NYSlipOp 62206(U)

Decided on January 25, 2018

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.

January 25, 2018

In the Matter of the Application of

The Home of Sages of Israel, Inc., (Beth Tomche Torah Vezikneh Yisroel) also known as Beth Tomche Torah Vezikneh Yisroel, Inc., and also

known as Home of the Sages of Israel,

Petitioner-Respondent,

For Leave to Sell Real Property.

v

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

On the Way to Brooklyn, LLC, et al.,

Intervenors-Appellants,

Louis Atlas, Samuel Block, et al.,

Objectors-Respondents.

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 October 17, 2017, and said appeal having been perfected, And intervenors-appellants having moved for a stay of the order of the Supreme Court, New York County, entered on or about October 4, 2017, pending hearing and determination of the aforesaid appeal (M-5860),And petitioner-respondent, The Home of Sages of Israel,

Inc., having cross-moved for dismissal of the appeal taken by intervenors-appellants, 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 denied. The cross motion is granted to the extent of dismissing the appeal as to intervenor-appellant Peter Fine, and is otherwise denied. ENTERED: January 25, 2018

_____________________ CLERK

Present - Hon. Judith J. Gische,Justice Presiding, Troy K. Webber Jeffrey K. Oing Anil C. Singh Peter H. Moulton,Justices

M-5901

M-5860

Index No. 153111/15