Bailey v Metropolitan Transportation Authority
Motion No: 2014-06846
Slip Opinion No: 2014 NY Slip Op 91286(U)
Decided on December 1, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M183599

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

JOSEPH J. MALTESE, JJ.

2014-06846

Kathy Bailey, appellant, v Metropolitan

Transportation Authority, et al., respondents.

(Index No. 5198/13)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Queens County, entered April 14, 2014, as untimely taken.

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

ORDERED that the matter is remitted to the Supreme Court, Queens County, to hear and report on the issue of whether the order entered April 14, 2014, was served upon the appellant's counsel by the respondents' counsel with notice of entry, and, if so, when service was effected; the Supreme Court, Queens County, shall hold the hearing and file its report in the hearing with all convenient speed; and it is further,

ORDERED that the motion is held in abeyance in the interim.

SKELOS, J.P., DICKERSON, CHAMBERS and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court