| Matter of Ross v The New York City Metropolitan Transit Authority |
| Motion No: 2017-05693 |
| Slip Opinion No: 2017 NY Slip Op 76803(U) |
| Decided on June 13, 2017 |
| 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. |
Appellate Division: Second Judicial Department
M232831
E/sl
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
LINDA CHRISTOPHER, JJ.
|
2017-05693 In the Matter of Leon Ross, respondent, v New York City Metropolitan Transit Authority, et al., appellants. (Index No. 517493/16)
| DECISION & ORDER ON MOTION |
Motion by New York City Metropolitan Transit Authority and Manhattan and Bronx Surface Transit Operating Authority on an appeal from an order of the Supreme Court, Kings County, dated May 12, 2017, for leave to appeal to this Court, if necessary, and to stay enforcement of so much of the order as remanded the matter to the appellant's for the imposition of a lesser penalty, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary as the order is appealable as of right (see CPLR 5701); and it is further,
ORDERED that the motion is otherwise denied as unnecessary, as an automatic stay is in effect (see CPLR 5519[a][1]).
RIVERA, J.P., LEVENTHAL, AUSTIN and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court