Dire v MTA/New York City Transit Authority
Motion No: 2008-11068
Slip Opinion No: 2009 NYSlipOp 62074(U)
Decided on January 28, 2009
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M81754

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

DANIEL D. ANGIOLILLO

ARIEL E. BELEN, JJ.

2008-11068

Feliciano Dire, appellant,

v MTA/New York City Transit Authority,

et al., respondents.

(Index No. 23021/08)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to vacate a decision and order on motion dated December 12, 2008, dismissing an appeal from an order of the Supreme Court, Kings County, dated November 13, 2008, for leave to appeal from the order, 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 motion is denied.

FISHER, J.P., DILLON, ANGIOLILLO and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court