| In the Matter of Council of Chelsea Block Associations |
| Motion No: M-6855 |
| Slip Opinion No: 2019 NYSlipOp 80598(U) |
| Decided on September 27, 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. |
September 27, 2019
In the Matter of
Council of Chelsea Block Associations,
William Borock, President, et al.,
Petitioners-Appellants,
v
Polly Trottenberg, as Commissioner of
the City of New York, Department of
Transportation,
Respondent-Respondent.
An appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about August 7, 2019, which, inter alia, denied petitioners' application pursuant to CPLR Article 78 to enjoin respondent from proceeding with the Transit and Truck Priority Pilot and Bike Lanes Program and vacated a temporary restraining order granted on or about June 28, 2019, And petitioners-appellants having moved for an order staying respondent from implementing the Transit and Truck Priority Pilot and Bike Lanes Program and reinstating the temporary restraining order granted on June 28, 2019, pending hearing and determination of 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 denied, and the interim relief granted by an order of a Justice of this Court, dated August 9, 2019, is hereby vacated. All concur except Kapnick, J. and Webber, J., who dissent as follows.
Kapnick J. and Webber, J. (dissenting) We respectfully dissent and would continue the interim stay granted by a Justice of this Court, dated August 9, 2019, pending the hearing and determination of the appeal. ENTERED: September 27, 2019
_____________________ CLERK
PRESENT: Hon. Angela M. Mazzarelli, Justice Presiding, Barbara R. Kapnick Troy K. Webber Ellen Gesmer Cynthia S. Kern, Justices
M-6855
Index No. 156153/19