In the Matter of the Application of Oswald Sealy

Motion No: M-3233

Slip Opinion No: 2018 NYSlipOp 82472(U)

Decided on September 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.

September 6, 2018

In the Matter of the Application of

Oswald Sealy,

Petitioner,

For a Judgment Pursuant to Article 78

of the Civil Practice Law and Rules v

New York City Housing Authority,

Respondent.

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 November 17, 2016, And an order of this Court having been entered on March 1, 2018 (M-154) granting petitioner's motion to enlarge the time to perfect the aforesaid proceeding to the June 2018 Term, with no further enlargements to be granted, And respondent having moved to dismiss the aforesaid proceeding for failure to timely perfect in accordance with the aforesaid order of this Court, Now, upon reading and filing the papers with respect to said motion, and due deliberation having been had thereon,It is ordered that the motion to dismiss the appeal is granted unless the proceeding is perfected for the February 2019 Term. ENTERED: September 6, 2018

_____________________ CLERK

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

M-3233

Index No. 100873/16