Joseph Johnson v Westin New York at Times Square et al.

Motion No: M-858

Slip Opinion No: 2018 NYSlipOp 69439(U)

Decided on April 12, 2018

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.

April 12, 2018

Joseph Johnson,

Petitioner-Appellant,

For a Judgment Pursuant to Article 78

of the Civil Practice Law and Rules,

v

Westin New York at Times Square,

et al.,

Respondents-Respondents.

An order of this Court having been entered on December 28, 2017 (M-5756), deeming petitioner's appeal, taken from the judgment of the Supreme Court, New York County, entered on or about September 28, 2015, as withdrawn, And petitioner having moved for the reinstatement of his appeal (M-857), And petitioner having also moved to have certain witnesses give testimony at oral argument (M-858), Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon,It is ordered that the motions are denied. ENTERED: April 12, 2018

_____________________ CLERK

Present: Hon. Sallie Manzanet-Daniels, Justice Presiding, Angela M. Mazzarelli Barbara R. Kapnick Troy K. Webber, Justices

M-858

M-857

Index No. 100342/15