In the Matter of the Application of Community United to Protect Theodore Roosevelt Park

Motion No: M-6769

Slip Opinion No: 2019 NYSlipOp 62210(U)

Decided on February 5, 2019

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.

February 5, 2019

In the Matter of the Application of

Community United to Protect

Theodore Roosevelt Park, Laura

Messersmith, Claudia DiSalvo,

Claude Beller and William

Raudenbush,

Petitioners-Appellants,

For a Judgment Pursuant to Articles 63 and 78 of the Civil Practice Law

and Rules,

v

City of New York, The New York City

Department of Parks and Recreation,

Mitchell J. Silver, and the American

Museum of Natural History,

Respondents-Respondents.

Petitioners-appellants having moved for a stay of construction on the expansion project of defendant-respondent The Museum of Natural History, pending hearing and determination of the appeal taken from the order of the Supreme Court, New York County, entered on or about December 10, 2018, which denied the petition and dismissed the proceeding, 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. The interim relief granted by order of a Justice of this Court, dated December 18, 2018, is hereby vacated. All concur except Gesmer and Singh, JJ. who dissent and would grant the motion. ENTERED: February 5, 2019

_____________________ CLERK

PRESENT: Hon. Rolando T. Acosta,Presiding Justice, Judith J. Gische Barbara R. Kapnick Ellen Gesmer Anil C. Singh, Justices

M-6769

Index No. 152354/18