Matter of River Street Realty Corp. v City of New Rochelle
Motion No: 2018-00521
Slip Opinion No: 2019 NY Slip Op 69272(U)
Decided on May 1, 2019
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M262351

E/afa

REINALDO E. RIVERA, J.P.

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY

ANGELA G. IANNACCI, JJ.

2018-00521

In the Matter of River Street Realty Corp.,

petitioner, v City of New Rochelle, respondent.

DECISION & ORDER ON MOTION

Motion by the respondent pursant to CPLR 3211(a)(7) to dismiss a proceeding pursuant to EDPL 207. Cross motion by the petitioner to dismiss the affirmative defenses.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

RIVERA, J.P., DUFFY, CONNOLLY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court