Brian Ashton and Raellen Watt v Norfolk Southern Railway Company et al.

Motion No: M-3555

Slip Opinion No: 2017 NYSlipOp 87004(U)

Decided on September 26, 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.

September 26, 2017

Brian Ashton and Raellen Watt,

Plaintiffs-Appellants,

v

Norfolk Southern Railway Company,

et al.,

Defendants-Respondents.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about March 28, 2017, And defendants-respondents having moved for dismissal of

the aforesaid appeal (M-3554), And plaintiffs-appellants having cross-moved for an enlargement of time to perfect the appeal, and for a stay

pending determination of the appeal (M-3555), 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 defendants-respondents' motion to

dismiss the appeal is denied (M-3554). Plaintiffs-appellants' cross motion is granted to the extent of deeming plaintiffs' timely filed notice of appeal an application for leave to appeal and, sua sponte, granting such leave. So much of the plaintiffs'

motion which seeks an enlargement of time to perfect the appeal is granted to the February 2018 Term; and that branch of the motion which seeks a stay is granted on condition plaintiffs' perfect said appeal on or before December 4, 2017 for said February 2018 Term. ENTERED: September 26, 2017

_____________________ CLERK

Present - Hon. Barbara R. Kapnick, Justice Presiding, Marcy L. Kahn Ellen Gesmer Cynthia S. Kern Peter H. Moulton, Justices

M-3555

M-3554

Index No. 160232/14