Michael Tuzzolino v Consolidated Edison Company of

Motion No: M-2716

Slip Opinion No: 2018 NYSlipOp 80627(U)

Decided on August 16, 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.

August 16, 2018

Michael Tuzzolino,

Plaintiff-Respondent-Appellant,

v

Consolidated Edison Company of

New York,

Defendant-Appellant-Respondent.

Defendant-appellant-respondent having moved for reargument of, or in the alternative, for leave to appeal to the Court of Appeals, from the decision and order of this Court entered on April 24, 2018 (Appeal No. 6360), and for a stay of trial, pending determination by the Court of Appeals, should leave to appeal to that Court be granted, 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 to the extent it seeks reargument or, in the alternative, leave to appeal to the Court of Appeals, is denied. So much of the motion which seeks to stay trial is denied as moot. ENTERED: August 16, 2018

_____________________ CLERK

Present: Hon. John W. Sweeny, Jr., Justice Presiding, Rosalyn H. Richter Troy K. Webber Ellen Gesmer Peter H. Moulton, Justices

M-2716

Index No. 156755/13