Opinion
Motion No: M-6769
02-05-2019
In the Matter of the Application of Community United to Protect Theodore Roosevelt Park, Laura Messersmith, Claudia DiSalvo, Claude Beller and William Raudenbush, Petitioners-Appellants, For a Judgment Pursuant to Articles 63 and 78 of the Civil Practice Law and Rules, v. City of New York, The New York City Department of Parks and Recreation, Mitchell J. Silver, and the American Museum of Natural History, Respondents-Respondents.
Petitioners-appellants having moved for a stay of construction on the expansion project of defendant-respondent The Museum of Natural History, pending hearing and determination of the appeal taken from the order of the Supreme Court, New York County, entered on or about December 10, 2018, which denied the petition and dismissed the proceeding, 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. The interim relief granted by order of a Justice of this Court, dated December 18, 2018, is hereby vacated. All concur except Gesmer and Singh, JJ. who dissent and would grant the motion.
ENTERED: February 5, 2019
_____________________ CLERK
PRESENT: Hon. Rolando T. Acosta,Presiding Justice, Judith J. Gische Barbara R. Kapnick Ellen Gesmer Anil C. Singh, Justices
M-6769
Index No. 152354/18