| Ramirez v New York City Transit Authority |
| Motion No: 2013-10402 |
| Slip Opinion No: 2014 NY Slip Op 75064(U) |
| Decided on June 13, 2014 |
| 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
M175668
E/sl
THOMAS A. DICKERSON, J.P.
JOHN M. LEVENTHAL
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX, JJ.
|
2013-10402, 2014-01964 Guilermo Ramirez, respondent, v New Yo City Transit Authority, appellant. (Index No. 19696/09)
| DECISION & ORDER ON MOTION rk |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, entered September 16, 2013, on the ground that the appellant is not aggrieved, to dismiss an appeal from an order of the same court dated December 11, 2013, on the ground that no appeal lies from an order denying reargument, to strike stated portions of the record and the appellant's brief on the ground that they contain or refer to matter dehors the record, and to enlarge the time to serve and file a brief. Cross motion by the appellant for the Court to take judicial notice of the papers contained in the record which were submitted to the Supreme Court in connection with the order dated December 11, 2013, or to enlarge the record to include those papers, if the Court dismisses the appeal from the order dated December 11, 2013.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition to the motion and the cross motion, it is
ORDERED that the branch of the motion which is to dismiss the appeal from the order entered September 16, 2013, is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal from the order dated December 11, 2013, is granted to the extent that the appeal from so much of the order as denies reargument is dismissed; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until July 16, 2014, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the cross motion is denied as unnecessary.
DICKERSON, J.P., LEVENTHAL, COHEN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court