In the Matter of the Application of

Motion No: M-1046

Slip Opinion No: 2019 NYSlipOp 65584(U)

Decided on March 19, 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 19, 2019

In the Matter of the Application of,

Bronwyn Ryan, Petitioner-Appellant,

For a Judgment Pursuant to Article 78

of the Civil Practice Law and Rules,

v

New York City Department of Housing

Preservation and Development and Vicki

Been, as Commissioner of the New York

City Department of Housing Preservation

and Development, and East Midtown Plaza

Housing Company, Inc.,

Respondents-Respondents.

An Article 78 proceeding having been transferred to this Court, pursuant to CPLR 7804(g), by order of the Supreme Court, New York County, entered on or about June 16, 2017, And respondent East Midtown Plaza Housing Company, Inc. having moved to dismiss the aforesaid proceeding for failure to timely prosecute,Now, upon reading and filing the correspondence from counsel for respondent-respondent, East Midtown Plaza Housing Company, Inc., dated February 28, 2019, and due deliberation having been had thereon, It is ordered that the motion to dismiss the proceeding is withdrawn in accordance with the aforesaid correspondence. ENTERED: March 19, 2019

_____________________ CLERK

Present - Hon. David Friedman, Justice Presiding, Judith J. Gische Peter Tom Ellen Gesmer Peter H. Moulton, Justices

M-1046

Index No. 159677/16