Desis Rising Up and Moving also known v New York City Department of Buildings

Motion No: M-605

Slip Opinion No: 2019 NYSlipOp 64580(U)

Decided on March 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.

March 5, 2019

Desis Rising Up and Moving, also known

as DRUM, Alexandra Owens, Tania Mattos

Jose and Jorge Cabanillas,

Petitioners-Appellants,

For a Judgment Pursuant to CPLR Art. 78

and a Declaration Pursuant to CPLR 3001

v

New York City Department of Buildings,

AA 304 GC TIC LLC, 82 Baxter TIC LLC,

ZM 304 GC Investor TIC LLC, 304 GC TIC

LLC, Sun Equity Partners, Heskel Group,

and Target Corporation,

Respondents-Respondents.

An appeal having been taken from an order of Supreme Court, New York County, entered on or about January 23, 2019, And petitioners-appellants having moved for a preliminary appellate injunction enjoining respondents from continuing construction on the subject premises pending the hearing and determination of the aforesaid appeal, And interim relief having been denied by order of a Justice of this Court, dated January 24, 2019, 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: March 5, 2019

_____________________ CLERK

PRESENT: Hon. Judith J. Gische, Justice Presiding, Troy K. Webber Cynthia S. Kern Anil C. Singh,Justices

M-605

Index No. 101700/18