East River Fifties Alliance Inc. v

Motion No: M-1265

Slip Opinion No: 2019 NYSlipOp 71244(U)

Decided on May 28, 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 28, 2019

East River Fifties Alliance, Inc.,

and Benjamin Kallos,

Petitioners-Appellants,

For a judgment Pursuant to Article 63

and 78 of the Civil Practice Law and

Rules

v

City of New York, Board of Standards

and Appeals of the City of New York,

Margery Perlmutter (chair) and Sutton

58 Holding Company LLC,

Respondents-Respondents.

An order of a Justice of this Court having been entered on

March 22, 2019, granting petitioners leave to appeal to this Court from an order of the Supreme Court, New York County, entered on or about March 4, 2019, And petitioners-appellants having moved for a preliminary injunction enjoining respondent Sutton 58 Holding Company LLC and its agents from continuing construction of the building to be located at 428-432 East 58th Street, New York, New York, pending hearing and determination of the appeal, 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: May 28, 2019

_____________________ CLERK

Present: Hon. Rolando T. Acosta,Presiding Justice, Rosalyn H. Richter Sallie Manzanet-Daniels Peter Tom Jeffrey K. Oing, Justices

M-1265

Index No. 157917/18