Opinion
Motion No: M-768
03-19-2019
Mushlam, Inc., Plaintiff-Respondent, v. Maria Nazor and Peter Mickle, Defendants-Appellants. In the Matter of the Application of Maria Nazor and Peter Mickle, Index No. 159870/18 For a Determination pursuant to Article 78 of the Civil Practice Law and Rules, Petitioners, v. New York City Loft Board and Sydney Sol Group, Ltd., Respondents.
Separate appeals having been taken by defendants-appellants Maria Nazor and Peter Mickle from orders of the Supreme Court, New York County, entered on or about February 23, 2018 and October 18, 2018, under Index No. 100207/08 (the Ejectment Action), And an appeal having been taken by petitioners Maria Nazor and Peter Mickle from an order of the Supreme Court, New York County, entered on or about December 20, 2018 which transferred the article 78 proceeding under Index No. 159870/18 to this Court pursuant to CPLR 7804(g), And defendants-appellants having moved for an enlargement of time to perfect the appeal taken from the order of the Supreme Court, New York County, entered on or about February 23, 2018 in the Ejectment Action (M-139),And defendants-appellants/petitioners having moved for an order (1) staying the enforcement of orders of the Supreme Court, New York County, entered on or about February 23, 2018 and October 18, 2018 in the Ejectment Action, and on or about December 20, 2018 in the article 78 proceeding, including staying plaintiff-respondent Mushlam, Inc., now known as respondent Sydney Sol Group, Ltd., from taking any action to evict them, pending the hearing and determination of the appeals (2) permitting defendants-appellants/petitioners to consolidate their appeals in Ejectment Action pursuant to 22 NYCRR 1250.9(f), and scheduling those appeals, and the petition and appeal in the article 78 proceeding, to be heard together, and (3) pursuant to 22 NYCRR 1250.9(a), directing respondent New York City Loft Board, by its counsel, to electronically file the administrative record in the article 78 proceeding no later than 30 days from the date of this order (M-520), And respondent New York City Loft Board having cross moved for a limited remittitur to Supreme Court for the purpose of permitting it to submit an answer to the verified article 78 petition, so that it can file the administrative record relevant to the proceeding with Supreme Court (M-737), And respondent Sydney Sol Group, Ltd. having cross moved for a limited remittitur to Supreme Court for the purpose of permitting it to submit an answer to the verified article 78 petition (M-768), 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 (M-139), deemed one to vacate the dismissal of the appeal taken from the February 23, 2018 order in the Ejectment Action pursuant to 22 NYCRR 1250.10(c), is granted, and the time to perfect the appeal is enlarged to the October 2019 Term, And it is further ordered that appeals from the orders entered on or about February 23, 2018 and on or about October 18, 2018, in the Ejectment Action, shall be perfected together for the October 2019 Term on a single record and appellant's brief (see 22 NYCRR 1250.9[f][3]), and shall be heard together with the transferred article 78 proceeding, if perfected, on the same day of the aforesaid October 2018 Term (see 22 NYCRR 1250.9[f][4]),And it is further ordered that the branch of the motion (M-520) seeking a stay of ejectment proceedings is granted on condition that defendant-appellants/petitioners perfect the consolidated appeals in the Ejectment Action, and the transferred article 78 proceeding, on or before August 5, 2019, for the October 2019 Term, And it is further ordered that the motions (M-737, M-768) are granted to the extent of remitting the article 78 proceeding to Supreme Court for the limited purpose of allowing respondents, within 30 days of the date of this order, to file answers and to allow respondent New York City Loft Board to file the relevant administrative record. Upon completion of such filings, Supreme Court is directed to enter an amended order of transfer pursuant to CPLR 7804(g), unless said answers raise a question other that one of substantial evidence within the meaning of CPLR 7803(4).
ENTERED: March 19, 2019
_____________________ CLERK
PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding,Sallie Manzanet-Daniels Troy K. Webber Jeffrey K. Oing Anil C. Singh, Justices
M-768
M-737
M-520
M-139
Index No. 100207/08