Gelin v New York City Transit Authority
Motion No: 2018-03333
Slip Opinion No: 2018 NY Slip Op 74198(U)
Decided on June 5, 2018
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M250971

E/afa

REINALDO E. RIVERA, J.P.

ROBERT J. MILLER

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2018-03333, 2018-03334,

2018-04701, 2018-04702

Gina Gelin, respondent, v New York City

Transit Authority, appellant, et al., defendant.

(Index No. 8384/14)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay the trial in the above-entitled action pending hearing and determination of appeals from four orders of the Supreme Court, Kings County, dated November 2, 2017, February 1, 2018, March 8, 2018, and April 12, 2018, respectively, and to consolidate the appeals.

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 to stay the trial is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before July 5, 2018; and it is further,

ORDERED that in the event the appeals are not perfected on or before July 5, 2018, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., MILLER, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court