| In the Matter of Brad Allecia |
| Motion No: M-3335 |
| Slip Opinion No: 2019 NYSlipOp 76863(U) |
| Decided on August 6, 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. |
August 6, 2019
In the Matter of
Brad Allecia,
Petitioner,
v The New York City Department of
Buildings, et al.,
Respondents.
An Article 78 proceeding to review a determination of respondents having been transferred to this Court, pursuant to CPLR 7804(g), by amended order of the Supreme Court, New York County, entered on or about June 25, 2019,And petitioner having moved for a calendar preference in hearing of the proceeding for the September 2019 Term of this Court (M-3290), And respondents having moved to remit the proceeding to the Supreme Court for the purpose of permitting them to file an answer to the article 78 petition and the administrative record relevant to this proceeding (M-3335), Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, it is Ordered that the motion for remittitur (M-3335) is granted to the extent of remitting the article 78 proceeding to Supreme Court for the limited purpose of allowing respondents, within 30 days of the date of this order, to serve and file an answer and the relevant administrative record. Upon completion of such filings, Supreme Court is directed to enter an amended order of transfer pursuant to CPLR 7804(g), unless said answer raises a question other that one of substantial evidence within the meaning of CPLR 7803(4), and it is further Ordered that the motion for a preference (M-3290) is denied, without prejudice to renew upon the entry of an amended order of transfer pursuant to CPLR 7804(g). ENTERED: August 6, 2019
_____________________ DEPUTY CLERK
Present - Hon. Judith J. Gische, Justice Presiding, Marcy L. Kahn Jeffrey K. Oing Anil C. Singh Peter H. Moulton, Justices
M-3335
M-3290
Index No. 155704/19