| Joseph Pellegrino v New York City Tr. Auth. |
| Motion No: 2016-00668 KC |
| Slip Opinion No: 2017 NY Slip Op 66639(U) |
| Decided on February 27, 2017 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Joseph Pellegrino, Respondent, v The New York City Transit Authority, Appellant. |
Motion by respondent for leave to reargue his prior motion to dismiss so much of an appeal as is from an order of the Civil Court of the City of New York, Kings County, entered February 18, 2016, which prior motion was determined by decision and order on motion of this court dated June 23, 2016, or, in the alternative, for leave to appeal to the Appellate Division from this court's decision and order on motion dated June 23, 2016. Separate motion by appellant to modify the decision and order on motion dated June 23, 2016 by deleting so much thereof as noted that the automatic stay provided for in CPLR 5519 (a) (1) is vacated.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that respondent's motion and appellant's motion are consolidated for purposes of disposition; and it is further,
ORDERED that respondent's motion and appellant's motion are denied.
ENTER:
Paul Kenny
Chief Clerk