In the Matter of the Application of Kenneth Hockaday

Motion No: M-7053

Slip Opinion No: 2019 NYSlipOp 80547(U)

Decided on October 1, 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.

October 1, 2019

In the Matter of the Application of

Kenneth Hockaday,

Petitioner,

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 and New

York City Housing Authority Albany Houses,

Respondents.

An Article 78 proceeding to review a determination of respondents 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 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,

(M-7018), And respondents having cross-moved to dismiss the transferred proceeding (M-7053),Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, It is ordered that the motion (M-7018), deemed to include a request to vacate the dismissal of the proceeding, is granted, and the time to perfect the proceeding is extended to the January 2020 Term of this Court (see 22 NYCRR 1250.10[c]). The cross motion to dismiss the proceeding (M-7053), is denied. The terms of the stay of eviction are continued pending hearing and determination of the transferred proceeding. ENTERED: October 1, 2019

_____________________ CLERK

PRESENT: Hon. David Friedman, Justice Presiding, Peter Tom Troy K. Webber Ellen Gesmer Jeffrey K. Oing, Justices

M-7053

M-7018

Index No. 101071/17