Kusz v New York City Transit Authority
Motion No: 2010-06247
Slip Opinion No: 2010 NY Slip Op 79620(U)
Decided on August 16, 2010
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

M107082

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

PLUMMER E. LOTT

LEONARD B. AUSTIN, JJ.

2010-06247

Alfred Kusz, et al., appellants-respondents,

v New York City Transit Authority, et al.,

respondents-appellants.

(Index No. 20460/09)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants on an appeal and cross appeal from an order of the Supreme Court, Queens County, entered June 10, 2010, to dismiss the appeal on the ground that the appellants-respondents are not aggrieved. Cross motion by the appellants-respondents to stay the trial in the above-entitled action pending hearing and determination of the appeal and cross appeal.

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

ORDERED that the motion and cross motion are denied.

DILLON, J.P., BALKIN, LOTT and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court