Anderson v New York City Transit Authority
Motion No: 2009-11306
Slip Opinion No: 2009 NY Slip Op 92331(U)
Decided on December 23, 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

M96473

E/sl

RUTH C. BALKIN, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

PLUMMER E. LOTT, JJ.

2009-11306

Nyjee Anderson, etc., et al., plaintiffs,

v New York City Transit Authority, et al.,

defendants.

(Index No. 10242/94)

DECISION & ORDER ON MOTION

Motion by New York City Transit Authority for leave to appeal to this court from an order of the Supreme Court, Queens County, dated December 8, 2009, and to confirm the existence of an automatic stay pursuant to CPLR 5519(a) or to stay the trial 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.

BALKIN, J.P., DICKERSON, LEVENTHAL and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court