Mirta Esponda v Ana RamosCiprian

Motion No: M-5787

Slip Opinion No: 2016 NYSlipOp 96142(U)

Decided on December 29, 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 29, 2016

Mirta Esponda,

Plaintiff-Respondent,

v

Ana Ramos-Ciprian,

Defendant-Appellant,

-and-

The City of New York,

Defendant-Respondent.

A decision and order of this Court having been entered

on November 24, 2015 (Appeal No. 16224), unanimously modifying the order appealed, on the law, to the extent of denying plaintiff's motion for summary judgment and otherwise affirming the order appealed, the order of the Supreme Court, Bronx County, entered on or about July 16, 2014, And, an order of this Court having been entered

on September 8, 2016 (M-3234/M-3455), inter alia, denying plaintiff's motion for clarification, without prejudice to seeking the requested relief in Supreme Court, And, plaintiff having again moved for clarification

of the issue of whether the claims against the City remain dismissed, Now, upon reading and filing the papers with respect to

the motion, and due deliberation having been had thereon, It is ordered that plaintiff's motion for clarification is denied, without prejudice to seeking such relief (reinstatement of the City as a named co-defendant) in Supreme Court. ENTERED: December 29, 2016

_____________________ CLERK

Present: Hon. Rolando T. Acosta, Justice Presiding, David B. Saxe Rosalyn H. Richter Judith J. Gische Barbara R. Kapnick, Justices

M-5787

Index No. 305186/12