Opinion
Motion Nos. 2023-01929 2023-01930 Index No. 152072/23 Nos. 2023-02002 2023-02030
06-06-2023
In the Matter of the Application of Jonathan Jablecki and Marco Montefiori, Petitioners-Respondents, v. Board of Managers of Harborview Condominium, Respondent-Appellant, For an Order Pursuant to Article 78 of the Civil Practice Law and Rules, Freshmeadow Realty, LLC and Ziming Shen, Proposed-Intervenors.
Unpublished Opinion
MOTION DECISION
Present - Hon. Dianne T. Renwick, Acting Presiding Justice, Cynthia S. Kern Lizbeth González Manuel J. Mendez Bahaati E. Pitt-Burke, Justices.
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about April 24, 2023 (Case No. 2023-02030), And proposed intervenors Freshmeadow Realty and Ziming Shen having moved, pursuant to CPLR 5704(a), for certain relief denied by a Justice of the Supreme Court, New York County, on or about April 20, 2023 (Case No. 2023-02002) and to stay enforcement of the aforesaid order appealed under Case No. 2023-02030 (Motion No. 2023-01929), And respondent-appellant having moved to stay enforcement of so much of the aforesaid order appealed under Case No. 2023-02030 as nullified a unit owner election of the Board of Managers of the subject condominium, directed a new Board election, and determined that certain individuals are not eligible to be elected as members of the Board of Managers at any future election of the condominium, and for leave to appeal said order to the extent that the order is not appealable as of right (Motion No. 2023-01930), 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 by proposed intervenors Freshmeadow Realty and Ziming Shen is denied (Motion No. 2023-01929) and, It is further ordered that the motion by respondent-appellant is granted to the extent of staying, pending the hearing and determination of the appeal, the election directed by the aforesaid order, on the condition that the appeal of said order is perfected for the October 2023 Term of this Court; respondent-appellant is enjoined, pending the hearing and determination of the appeal, from entering into any transaction or making any expenditures on behalf of the condominium that are outside of the ordinary course of its business (Motion No. 2023-01930).