MATTER OF JOEL HERMAN, res, v. NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT (NYC HPD), ET AL., ap — Motion by the respondent to vacate an automatic stay, which is in effect pursuant to CPLR 5519(a)(1), pending hearing and determination of an appeal from a judgment of the Supreme Court, Kings County, dated September 10, 2012, or, in the alternative, for an expedited briefing schedule and a preference in the calendaring of the appeal.

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

ORDERED that the motion is denied.

SKELOS, J.P., LEVENTHAL, HALL and SGROI, JJ., concur.