the Committee for Environmentally v Amsterdam Avenue Redevelopment

Motion No: M-2391

Slip Opinion No: 2020 NYSlipOp 69587(U)

Decided on August 6, 2020

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, 2020

The Committee for Environmentally

Sound Development and the Municipal

Art Society of New York,

Petitioners-Respondents,

v

Amsterdam Avenue Redevelopment

Associates LLC, New York City Board of

Standards and Appeals and New York City

Department of Buildings,

Respondents-Appellants.

Appeals having been taken to this Court from an order of the Supreme Court, New York County, entered on or about February 27, 2020, And petitioners-respondents having moved for an order vacating the current automatic stay, pursuant to CPLR 5519(c), and directing the respondent-appellant Amsterdam Avenue Redevelopment Associates LLC to immediately halt all construction at the site (M-2187), And petitioner-respondent's application for interim relief having been denied by order of a Justice of this Court, dated June 24, 2020, "except that in accordance with the Order of the NYS Attorney General's Office, Respondents [were] directed to cease all marketing and sales in the subject building until the hearing and determination of the underlying appeal on this matter. This directive includes, but is not limited to, its website", And respondent-appellant Amsterdam Avenue Redevelopment

Associates LLC having moved for an order granting a calendar preference in the hearing of the appeal, pursuant to CPLR 5521(a) and 22 NYCRR 1250.15(a)(2), for this Court's September 2020 Term (M-2391), 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 (M-2187) seeking to vacate the automatic stay is denied, except to the extent of continuing the interim relief granted by an order of a Justice of this Court dated June 24, 2020, directing respondents-appellants to cease all marketing and sales in the subject building pending the hearing and determination of the underlying appeal, and it is further,Ordered that the motion for a preference (M-2391) is granted to the extent of directing the Clerk of this Court to calendar the argument of the appeal for the October 2020 Term. ENTERED: August 6, 2020

_____________________ CLERK

PRESENT: Hon. Rolando T. Acosta, Presiding Justice, Judith J. Gische Troy K. Webber Ellen Gesmer Jeffrey K. Oing,Justices

M-2391

M-2187

Index No. 157273/19