| Hynes v County of Westchester |
| Motion No: 2011-03772 |
| Slip Opinion No: 2011 NY Slip Op 71737(U) |
| Decided on May 4, 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
M119556
E/sl
REINALDO E. RIVERA, J.P.
PETER B. SKELOS
ANITA R. FLORIO
LEONARD B. AUSTIN, JJ.
|
2011-03772 Ronald S. Hynes, respondent, v County of Westchester, et al., appellants. (Index No. 08-13043)
| DECISION & ORDER ON MOTION |
Motion by the County of Westchester, Liberty Lines Transit, Inc., and Marc Bonte for leave to appeal to this Court from a decision of the Supreme Court, Westchester County, dated March 24, 2011, 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 no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the notice of appeal from the decision dated March 24, 2011, is deemed to be a premature notice of appeal from an interlocutory judgment of the same court entered April 27, 2011 (see CPLR 5520[c]); and it is further,
ORDERED that the branch of the motion which is to stay the trial on the issue of damages is denied; and it is further,
ORDERED that the motion is otherwise denied as academic.
RIVERA, J.P., SKELOS, FLORIO and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court