Stop Irresponsible Frick Development v the Landmarks Preservation Commission

Motion No: M-3535

Slip Opinion No: 2018 NYSlipOp 83891(U)

Decided on September 20, 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 20, 2018

Stop Irresponsible Frick Development,

Petitioner-Appellant,

v

The Landmarks Preservation Commission

and the Frick Collection,

Respondents-Respondents.

Petitioner-appellant having moved for leave to appeal to this Court from an order of the Supreme Court, New York County, entered on or about June 25, 2018, to enjoin respondent The Landmarks Preservation Commission from conducting a vote in connection with a certain application made by respondent the Frick Collection with the Landmarks Preservation Commission, and other related relief (M-3216), And respondent the Frick Collection having cross-moved to dismiss any appeal taken as a result of the aforesaid order entered on or about June 25, 2018, and to vacate any stay issued in connection therewith (M-3535), Now, upon reading and filing the papers with respect to the motion and cross motion, including the stipulation of the parties dated July 27, 2018, and due deliberation having been had thereon, It is ordered that petitioner's motion for leave to appeal to this Court and the notice of appeal filed in connection with

the within motions are withdrawn in accordance with the aforesaid stipulation (M-3216). The cross motion is denied as moot

(M-3535). ENTERED: September 20, 2018

_____________________ CLERK

PRESENT: Hon. Rolando T. Acosta, Presiding Justice, David Friedman John W. Sweeny, Jr. Dianne T. Renwick Rosalyn H. Richter, Justices

M-3535

M-3216

Index No. 155904/18