Abraham Gross v Affordability Oversight Program of Department of Housing Preservation

Motion No: M-7793

Slip Opinion No: 2019 NYSlipOp 85385(U)

Decided on December 5, 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.

December 5, 2019

Abraham Gross,

Petitioner-Appellant,

v

Affordability Oversight Program of

Department of Housing Preservation

and Development, et al.,

Respondents-Respondents.

An appeal having been taken to this Court from an order and judgment (one paper) of the Supreme Court, New York County, entered on or about August 16, 2019, which denied the petition and upheld the determination denying petitioner's application for a rental apartment at Waterline Square, And petitioner-appellant having moved for reinstatement of the interim order of Supreme Court, New York County, entered on or about July 18, 2019, to the extent that it limited respondents' ability to lease any apartment at Waterline Square that is subject to the lottery in which petitioner participated, to any person who is lower on the list then petitioner, pending, among other things, "release of critical information purposefully omitted from the record," "expedition of FOIL request to release material documents," and "a rational explanation" as to why he should not qualify, and for other and alternative relief, 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 in its entirety, and the interim relief granted by the order of a Justice of this Court, dated October 2, 2019, is vacated.ENTERED: December 5, 2019

_____________________ CLERK

Present - Hon. David Friedman,Justice Presiding, Troy K. Webber Ellen Gesmer Cynthia S. Kern,Justices

M-7793

Index No. 101081/19