In the Matter of the Application of Cynthia Rodriguez

Motion No: M-1159

Slip Opinion No: 2019 NYSlipOp 69700(U)

Decided on May 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.

May 7, 2019

In the Matter of the Application of

Cynthia Rodriguez,

Petitioner,

For a Judgment Under Article 78 of

the Civil Practice Law and Rules,

v Maria Torres-Springer, Commissioner,

New York City Department of Housing

Preservation and Development, and

Lindsay Park Housing Corp.,

Respondents.

This 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 August 6, 2018, to review a determination of respondents, And respondents having moved to dismiss the proceeding for failure to timely perfect (M-1041), andPetitioner having cross-moved, pursuant to 22 NYCRR 1250.10(c), to vacate the dismissal of the proceeding and for an enlargement of time to perfect same (M-1159), Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,It is ordered that the cross-motion (M-1159) is granted, the proceeding reinstated and the time to perfect same is enlarged to the September 2019 Term, and It is further ordered that the motion to dismiss the proceeding (M-1041), is granted unless the proceeding is perfected for the September 2019 Term. ENTERED: May 7, 2019

_____________________ CLERK

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

M-1159

M-1041

Index No. 161182/17