In the Matter of the Application of WhitingTurner Contracting Company

Motion No: M-2655

Slip Opinion No: 2018 NYSlipOp 78635(U)

Decided on July 26, 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.

July 26, 2018

In the Matter of the Application of

Whiting-Turner Contracting Company,

Petitioner,

For An Order and Judgment Pursuant to Article 78 of the CPLR, DC #17

v

The Environmental Control Board of

the City of New York,

Respondent.

This proceeding having been transferred to this Court, pursuant to CPLR 7804(g), by order of the Supreme Court,

New York County, entered on or about October 15, 2015, And said proceeding not having been brought on for hearing pursuant to the provisions of the Rules of Practice of the Appellate Division, First Department, And a calendar call having been held by the Clerk of the Court on May 31, 2018, pursuant to Rule 600.12(c) of said Rules of Practice, and counsel for petitioner having submitted an affirmation seeking an enlargement of time in which to perfect the proceeding, Now, upon the Court's own motion, It is ordered that the appellant's time to perfect the proceeding is enlarged to the November 2018 Term and counsel

is directed to so perfect. ENTERED: July 26, 2018

_____________________ CLERK

Present - Hon. Rosalyn H. Richter, Justice Presiding, Peter Tom Angela M. Mazzarelli Ellen Gesmer Peter H. Moulton, Justices

M-2655

Index No. 100489/15