Opinion
Motion Nos. 2023-00275 2023-00772 Index No. 156106/22 Case No. 2023-00268
03-07-2023
In the Matter of the Application of South Street Seaport Coalition, Inc., Linda Hellstrom, John Hellstrom, Zette Emmons and Colleen Robertson, Petitioners-Respondents, v. Landmarks Preservation Commission of the City of New York, City of New York, Respondents, For a Judgment Pursuant to Article 78 and a Declaratory Judgment Pursuant to Section 3001 of the Civil Practice Law and Rules, 250 Seaport District, LLC, Respondent-Appellant.
Unpublished Opinion
MOTION DECISION
Present - Hon. Barbara R. Kapnick, Justice Presiding, Cynthia S. Kern, Anil C. Singh, Saliann Scarpulla, John R. Higgitt, Justices.
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about January 13, 2023, And respondent-appellant having moved to stay enforcement of the aforesaid order pending hearing and determination of the appeal taken therefrom (Motion No. 2023-00275), And petitioners-respondents having cross moved for a preference in the hearing and resolution of the appeal (Motion No. 2023-00772), Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is ordered that respondent-appellant's motion is granted on the condition that the appeal is perfected for the June 2023 Term of this Court with no extensions to be granted, and further, that respondent-appellant's ability to act with respect to the property in question is restricted to preservation of the viability of the project, and respondent-appellant is prohibited from engaging in any above-ground construction (Motion No. 2023-00275) and, It is further ordered that petitioners-respondents' cross motion for a preference in the hearing and resolution of the appeal is granted to the extent of scheduling the appeal for the first week of the June 2023 Term of this Court (Motion No. 2023-00772).