938 St. Nicholas Avenue Lender LLC v 936938 Cliffcrest Housing DevelopmentFund Corporation

Motion No: M-5686

Slip Opinion No: 2018 NYSlipOp 91445(U)

Decided on December 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.

December 20, 2018

938 St. Nicholas Avenue Lender LLC,

Plaintiff-Appellant,

v

936-938 Cliffcrest Housing DevelopmentFund Corporation,Defendant-Respondent,

-and-

The Department of Housing Preservation

and Development of the City of New

York, et al.,

Defendants.

- - - - - - - - - - - - -

[And a third-party action]

An appeal having been taken to this Court by plaintiff from the order of the Supreme Court, New York County, entered on or about December 26, 2017, which held plaintiff's motion for summary judgment in abeyance pending a hearing to determine plaintiff's compliance with posting requirements of RPAPL § 1303, and said appeal having been perfected, And defendant-respondent having moved for dismissal of the aforesaid appeal pursuant to CPLR 5701(a) (2) (v), 5511 and 5501, or, in the alternative, to adjourn the appeal (M-5488), And plaintiff-appellant having cross-moved for leave to appeal from the aforesaid order entered on or about December 26, 2017 (M-5686), in the event this Court determines it is not appealable as of right, Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon,It is ordered that the motion (M-5488) is granted to the extent of adjourning the appeal to the March 2019 Term. The motion and cross motion are otherwise denied, without prejudice to the parties raising the issues in their respective respondent's brief and reply brief on appeal. ENTERED: December 20, 2018

_____________________ CLERK

PRESENT: Hon. Rosalyn H. Richter, Justice Presiding, Sallie Manzanet-Daniels Peter Tom Ellen Gesmer Cynthia S. Kern, Justices

M-5686

M-5488

Index No. 850011/13