| Rios v City of New York |
| Motion No: 2009-03879 |
| Slip Opinion No: 2009 NY Slip Op 71844(U) |
| Decided on May 7, 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. |
Appellate Division: Second Judicial Department
M86301
E/cb
ANITA R. FLORIO, J.P.
JOSEPH COVELLO
RUTH C. BALKIN
LEONARD B. AUSTIN, JJ.
|
2009-03879 Mary Rios, et al., plaintiffs, v City of New York, et al., defendants. (Index No. 3135/06)
| DECISION & ORDER ON MOTION |
Motion by the City of New York for leave to appeal to this court from an order of the Supreme Court, Kings County, dated April 20, 2009, and to stay the trial on the issue of damages in the above-entitled action 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.
FLORIO, J.P., COVELLO, BALKIN and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court