Caraballo v New York City Transit Authority
Motion No: 2009-06540
Slip Opinion No: 2009 NY Slip Op 89400(U)
Decided on November 20, 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

M94751

E/sl

STEVEN W. FISHER, J.P.

DANIEL D. ANGIOLILLO

RANDALL T. ENG

JOHN M. LEVENTHAL, JJ.

2009-06540

Bernard Caraballo, etc., et al., respondents,

v New York City Transit Authority, et al.,

appellants.

(Index No. 17676/07)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Queens County, entered May 19, 2009, for leave to reargue their prior motion to stay the trial in the above-entitled action pending hearing and determination of the appeal, which was determined by decision and order on motion of this Court dated October 1, 2009.

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., ANGIOLILLO, ENG and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court