In the Matter of the Application of Margarita Vega

Motion No: M-1750

Slip Opinion No: 2019 NYSlipOp 72934(U)

Decided on June 18, 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 18, 2019

In the Matter of the Application of

Margarita Vega,

Petitioner,

For a Judgment Pursuant to Article 78

of the Civil Practice Law and Rules, v

New York City Housing Authority,

Respondent.

An Article 78 proceeding to challenge a New York City Housing Authority determination of 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 20, 2018,And respondent having moved, pursuant to 22 NYCRR 1250.10(a), to dismiss the aforesaid proceeding for failure to timely prosecute, Now, upon reading and filing the papers with respect to said motion, and due deliberation having been had thereon, It is ordered that the motion is denied as unnecessary, the appeal having been automatically dismissed, without prejudice to petitioner filing a motion, pursuant to 22 NYCRR 1250.10(c), to vacate the dismissal of the proceeding. ENTERED: June 18, 2019

_____________________ CLERK

Present - Hon. John W. Sweeny, Jr., Justice Presiding, Dianne T. Renwick Peter Tom Barbara R. Kapnick Jeffrey K. Oing, Justices

M-1750

Index No. 100278/17