Jamie W. Rodriguez Administrator of v the City of New York

Motion No: M-2349

Slip Opinion No: 2018 NYSlipOp 73600(U)

Decided on May 29, 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.

May 29, 2018

Jamie W. Rodriguez, Administrator of

the Estate of Juan Carlos Rodriguez,

deceased,

Plaintiff-Respondent,

v

The City of New York,

Defendant-Appellant,

Kinney Parking, Inc., Kinney Parking

System, Inc., and Kinney Parking of

the Bronx, Inc.,

Defendants-Appellants,

Kielly Pena and Victor Martinez,

Defendants.

Separate appeals having been taken by the above-named defendants-appellants from an order of the Supreme Court, Bronx County, entered on or about March 23, 2016, And the "Kinney" defendants having moved to stay trial pending hearing and determination of the aforesaid appeals, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is denied as moot (See Appeal No. 6741, decided simultaneously herewith.) ENTERED: May 29, 2018

_____________________ CLERK

Present - Hon. John W. Sweeny, Jr., Justice Presiding, Rosalyn H. Richter Richard T. Andrias Marcy L. Kahn Peter H. Moulton,Justices

M-2349

Index No. 21640/06