Mark Scher v Turin Housing Development Fund Co. Inc. et al.

Motion No: M-4596

Slip Opinion No: 2018 NYSlipOp 89424(U)

Decided on November 27, 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.

November 27, 2018

Mark Scher,

Plaintiff-Appellant,

v

Turin Housing Development Fund Co.,

Inc., et al.,

Defendants-Respondents.

An appeal having been taken to this Court from the order

of the Supreme Court, New York County, entered on or about September 6, 2018, And plaintiff-appellant having moved for a stay and/or a preliminary appellate injunction enjoining defendant-respondent Turin Housing Development Fund Co., Inc.(Turin), its employees, officers, or anyone acting on their behest, from entering into a regulatory agreement with the New York City Department of Housing Preservation and Development or any other governmental or quasi-governmental agency that is binding on Turin, or imposing any terms of any such agreement on its shareholders, and enjoining defendants from enforcing or acting on the June 25, 2018 vote of Turin shareholders authorizing such regulatory agreement and/or amending the certificate of incorporation, pending hearing and determination of the aforesaid appeal, 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: November 27, 2018

_____________________ CLERK

Present - Hon. Rolando T. Acosta,Presiding Justice, David Friedman Barbara R. Kapnick Troy K. Webber Peter H. Moulton,Justices

M-4596

Index No. 155267/18