the Center for Discovery Inc. v New York City Department of Education

Motion No: M-1536

Slip Opinion No: 2019 NYSlipOp 72336(U)

Decided on June 11, 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.

June 11, 2019

The Center for Discovery, Inc.,

Petitioner-Respondent,

For a Judgment Pursuant to Article 78

of the Civil Practice Law and Rules,

v

New York City Department of Education,

Respondent-Appellant.

An appeal having been taken by respondent, New York City Department of Education, from an order and judgment (one paper) of the Supreme Court, New York County, entered on or about January 29, 2019, which, inter alia, granted the petition and ordered respondent to reimburse petitioner's expenses under the amended contract between parties, And petitioner-respondent having moved to vacate the automatic stay pursuant to CPLR 5519(a)(1), or in the alternative, for an order expediting 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 granted to the extent of directing respondent-appellant, New York City Department of Education, to perfect the aforementioned appeal on or before August 5, 2019, for the October 2019 Term; the motion is otherwise denied. ENTERED: June 11, 2019

_____________________ CLERK

Present - Hon. John W. Sweeny, Jr., Justice Presiding, Judith J. Gische Troy K. Webber Marcy L. Kahn Peter H. Moulton, Justices

M-1536

Index No.160157/16