Appellate Division: Second Judicial Department

M301028

AFA/

VALERIE BRATHWAITE NELSON, J.P.

CARL J. LANDICINO

LAURENCE L. LOVE

PHILLIP HOM, JJ.

2024-08719 In the Matter of Luz Torres, et al., respondents, v New York City Department of City Planning, et al., appellants. (Index No. 721/2024)

DECISION & ORDER ON MOTION

Motion by the appellant New York City Department of City Planning for leave to appeal to this Court from an order of the Supreme Court, Kings County, dated September 4, 2024, and, inter alia, to stay enforcement of so much of the order as granted the petitioners a temporary restraining order, pending hearing and determination of its appeal. Motion by the appellant Arrow Linen Supply Company, Inc. for leave to appeal to this Court from the order of the Supreme Court, Kings County, dated September 4, 2024, and, inter alia, to stay enforcement of so much of the order as granted the petitioners a temporary restraining order, pending hearing and determination of its appeal. Motion by the respondent Jay Goldberg for a preference in the determination of the motion by the appellant New York City Department of City Planning.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the branches of the motions by the appellants New York City Department of City Planning and Arrow Linen Supply Company, Inc. which are for leave to appeal from the order are granted; and it is further,

ORDERED that the branches of the motions by the appellants New York City Department of City Planning and Arrow Linen Supply Company, Inc. which are to stay enforcement of so much of the order as granted the petitioners a temporary restraining order are granted and enforcement of so much of the order as granted the petitioners a temporary restraining order is stayed, pending hearing and determination of the appeals on condition that the appeals are perfected on or before December 27, 2024; and it is further,

ORDERED that in the event the appeals are not perfected on or before December 27, 2024, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motions by the appellants New York City Department of City Planning and Arrow Linen Supply Company, Inc. are otherwise denied; and it is further,

ORDERED that the motion by the respondent Jay Goldberg pro se for a preference in the determination of the motion by the appellant New York City Department of City Planning is denied as academic.

BRATHWAITE NELSON, J.P., LANDICINO, LOVE and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court