Mark v New York City Transit Authority
Motion No: 2016-03810
Slip Opinion No: 2016 NY Slip Op 80351(U)
Decided on July 22, 2016
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

M215254

E/sl

CHERYL E. CHAMBERS, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

JOSEPH J. MALTESE, JJ.

2016-03810

Deveraler Mark, Jr., et al., respondents,

v New York City Transit Authority, et al.,

appellants.

(Index No. 104471/11)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial on the issue of damages in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated January 22, 2016, and to deem the notice of appeal, which was timely filed, to be timely served on the respondent Leslie Hopkins.

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 the motion is granted; and it is further

ORDERED that the trial in the above-entitled action is stayed pending hearing and determination of the appeal; and it is further

ORDERED that the notice of appeal, which was timely filed, is deemed timely served on the respondent Leslie Hopkins (see CPLR 5520[a]).

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

ENTER:

Aprilanne Agostino

Clerk of the Court