Tax Equity Now NY LLC v City of New York et al. .

Motion No: M-250

Slip Opinion No: 2019 NYSlipOp 64758(U)

Decided on March 7, 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 7, 2019

Tax Equity Now NY LLC,

Plaintiff-Appellant,

v

City of New York, 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 December 4, 2018, and said appeal having been perfected, And plaintiff-appellant having moved for a preference in the hearing of the appeal (M-20), And defendants-respondents the City of New York and New York City Department of Finance (M-247), and defendants-respondents the State of New York and the New York Office of Real Property Tax Services (M-250) having separately cross-moved to dismiss the aforesaid appeal, Now, upon reading and filing the papers with respect to the motion and cross motions, and due deliberation having been had thereon, It is ordered that the motion (M-20) for a preference in hearing of the appeal is denied and, sua sponte, the perfected appeal is adjourned to the June 2019 Term. Defendants-respondents are directed to file a respondent's brief on or before April 17, 2019 for said June 2019 Term, andIt is further ordered that the cross motions (M-247/M-250) are denied, without prejudice to either of the movants raising the issue of appealability in their respondents' brief. ENTERED: March 7, 2019

_____________________ CLERK

Present - Hon. Dianne T. Renwick,Justice Presiding, Peter Tom Anil C. Singh Peter H. Moulton,Justices

M-250

M-247

M-20

Index No. 153759/17