| Seong Yim Kim v New York City Transit Authority |
| Motion No: 2010-11714 |
| Slip Opinion No: 2011 NY Slip Op 60653(U) |
| Decided on January 7, 2011 |
| 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
M113714
E/sl
ANITA R. FLORIO, J.P.
RANDALL T. ENG
ARIEL E. BELEN
LEONARD B. AUSTIN, JJ.
|
2010-11714 Seong Yim Kim, et al., respondents, v New York City Transit Authority, et al., appellants. (Index No. 27104/07)
| DECISION & ORDER ON MOTION |
Motion by New York City Transit Authority and Howard Frye for leave to appeal to this Court from an order of the Supreme Court, Queens County, entered December 14, 2010, and to confirm that an automatic stay is in effect pursuant to CPLR 5519(a), staying the trial in the above-entitled action pending hearing and determination of the appeal or to stay the trial in the above-entitled action pursuant to CPLR 5519(c) 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 granted; and it is further,
ORDERED that on the Court's own motion, the appellants shall perfect the appeal on or before February 7, 2011; and it is further,
ORDERED that the branch of the motion which is to confirm that an automatic stay is in effect, staying the trial in the above-entitled action pending hearing and determination of the appeal is granted (see Public Authorities Law § 1212-a), and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to stay the trial in the above-entitled action pursuant to CPLR 5519(c) is denied as unnecessary.
FLORIO, J.P., ENG, BELEN and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court