Efrain Matos v the City of New York .

Motion No: M-3048

Slip Opinion No: 2017 NYSlipOp 78338(U)

Decided on June 27, 2017

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.

June 27, 2017

Efrain Matos,

Plaintiff-Respondent,

v

The City of New York,

Defendant-Appellant.

Appeals having been taken to this Court from orders of the Supreme Court, Bronx County, entered on or about June 9, 2016

and January 19, 2017, and said appeals having been perfected, And, defendant-appellant having moved, pursuant to CPLR 5519(a)(1), for a declaration that an automatic stay exists or, in the alternative, for a discretionary stay pursuant to CPLR 5519(c) pending hearing and determination of the aforesaid appeal (M-1668), And, plaintiff-respondent having cross-moved to vacate

an interim stay granted by an order of a Justice of this Court,

dated March 17, 2017, and for other relief (M-3048), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon,It is ordered that the motion is granted to the extent of granting a discretionary stay of the orders appealed pending hearing and determination of said appeals. Plaintiff's cross motion is denied.ENTERED: June 27, 2017

_____________________ CLERK

Present - Hon. Peter Tom, Justice Presiding, Rosalyn H. Richter Angela M. Mazzarelli Sallie Manzanet-Daniels Judith J. Gische, Justices

M-3048

M-1668

Index No. 309441/09