In the Matter of the Application of Kenneth Hockaday

Motion No: M-1212

Slip Opinion No: 2019 NYSlipOp 72490(U)

Decided on June 13, 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 13, 2019

In the Matter of the Application of

Kenneth Hockaday,

Petitioner-Appellant,

For a Judgment Pursuant to Article 78of the Civil Practice Law and Rules,

v

Shola Olatoye, as Chairman of the New

York City Housing Authority, et al.,

Respondents-Respondents.

An Article 78 proceeding to review a determination of respondent 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 25, 2018, And petitioner-appellant having moved for an enlargement of time to perfect the transferred proceeding and to continue a stay of eviction pending hearing and determination of said proceeding,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, deemed to include a request to vacate the automatic dismissal of petitioner-appellant's proceeding, is granted and the time to perfect same is enlarged to the October 2019 Term (see, 22 NYCRR 1250.10[c]). The terms of the stay of eviction are continued pending hearing and determination of the transferred proceeding.ENTERED: June 13, 2019

_____________________ CLERK

PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Judith J. Gische Peter Tom Ellen Gesmer Anil C. Singh, Justices

M-1212

Index No. 101071/17