Carlos Rodriguez v City of New York .

Motion No: M-5406

Slip Opinion No: 2016 NYSlipOp 96040(U)

Decided on December 15, 2016

Appellate Division, First 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.

December 15, 2016

Carlos Rodriguez,

Plaintiff-Appellant-Respondent,

v

City of New York,

Defendant-Respondent-Appellant.

Defendant-respondent-appellant having cross-moved for leave to appeal to the Court of Appeals on the issue of production of plaintiff's tax records, from the decision and order of this Court entered on September 1, 2016 (Appeal No. 16336-37N), Now, upon reading and filing the papers with respect to the cross motion, and due deliberation having been had thereon, It is ordered that the motion is denied. (See M-4639, decided simultaneously herewith). ENTERED: December 15, 2016 _______________________ CLERK

PRESENT - Hon. Peter Tom, Justice Presiding, John W. Sweeny, Jr. Rolando T. Acosta Richard T. Andrias Karla Moskowitz, Justices

M-5406

Index No. 109444/11