In the Matter of the Application of EDJ Realty Inc.

Motion No: M-6258

Slip Opinion No: 2018 NYSlipOp 63285(U)

Decided on February 6, 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.

February 6, 2018

In the Matter of the Application of

EDJ Realty Inc.,

Petitioner-Appellant,

For a Judgment Pursuant to Article 78of the Civil Practice Law and Rules

v

New York State Division of Housing

and Community Renewal, et al.,

Respondents-Respondents.

EDJ Realty Inc., Plaintiff-Appellant, v Index No. 158552/16

New York State Division of Housing

and Community Renewal ("DHCR");

James S. Rubin as Commissioner

of the DHCR, et al., Defendants-Respondents.

-------------------------------------X Appeals having been taken from orders of the Supreme Court, Bronx County, entered on or about May 19, 2017 (under Index No. 260015/17) and from an order of the Supreme Court, New York County, entered on or about July 25, 2017 (under Index No. 158662/16), And petitioner-plaintiff-appellant having moved to stay respondent from levying fines or otherwise penalizing appellant, pending hearing and determination of the aforesaid appeals, 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. ENTERED: February 6, 2018

_____________________ CLERK

PRESENT: Hon. Rolando T. Acosta, Presiding Justice, John W. Sweeny, Jr. Judith J. Gische Richard T. Andrias Ellen Gesmer, Justices

M-6258

Index No. 260015/17