| Lucia Arzu v New York City Tr. Auth. |
| Motion No: 2012-01417 kc |
| Slip Opinion No: 2012 NY Slip Op 90831(U) |
| Decided on November 13, 2012 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
JAIME A. RIOS
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| Lucia Arzu, Appellant, v New York City Transit Authority, Respondent. |
Motion by respondent to dismiss appeals from orders of the Civil Court of the City of New York, Kings County, dated January 9, 2012 and March 16, 2012, respectively.
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 seeking to dismiss the appeal from the order dated January 9, 2012 is granted and that appeal is dismissed on the ground that, subsequent to the entry of the order appealed from, the Civil Court, by order dated March 16, 2012, dismissed the complaint, rendering the appeal from the order dated January 9, 2012 moot (see Livny v Rotella, 305 AD2d 377 [2003]); and it is further,
ORDERED that the branch of the motion seeking to dismiss the appeal from the order dated March 16, 2012 is denied (see CPLR 5520 [a]).
ENTER:
Paul Kenny
Chief Clerk