Appellate Division: Second Judicial Department

M35346

E/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2005-10282 Vito Volpicelli, respondent, v New York City Transit Authority, et al., defendants, Laquila-Icos, J.V., appellant. (Index No. 17199/98)

DECISION & ORDER ON MOTION

Motion by the defendants New York City Transit Authority, City of New York, and Laquila-Icos, J.V. for leave to appeal to this court from so much of an order of the Supreme Court, Queens County, dated September 27, 2005, as denied that branch of their motion to compel further deposition of the plaintiff and to stay enforcement of the order pending hearing and determination of the appeal.

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

ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,

ORDERED that the motion is otherwise denied as academic; and it is further,

ORDERED that the appeal taken as of right by the New York City Transit Authority and City of New York and the appeal by the defendant Laquila-Icos, J.V., from so much of the order as denied that branch of the motion which was to compel the further deposition of the plaintiff are dismissed, without costs or disbursements.

FLORIO, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court