| Yaqui Williams v New York City Tr. Auth. |
| Motion No: 2016-00418 KC |
| Slip Opinion No: 2018 NY Slip Op 83030(U) |
| Decided on September 12, 2018 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th Judicial Districts
MICHELLE WESTON, J.P.
MICHAEL L. PESCE
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Yaqui Williams, Respondent, v The New York City Transit Authority, Appellant. |
Motion by appellant to leave to reargue an appeal from an order of the Civil Court of the City of New York, Kings County, entered December 23, 2015, which was determined by a decision and order of this court dated December 29, 2017, or, in the alternative, for leave to appeal to the Appellate Division from the decision and order of this court.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion seeking leave to reargue is granted and, upon reargument, the decision and order of this court dated December 29, 2017 (58 Misc 3d 146[A], 2017 NY Slip Op 51959[U]) is recalled and vacated, and a new decision and order substituted therefor (see appeal No. 2016-418 K C, decided simultaneously herewith); and it is further,
ORDERED that the branch of the motion seeking leave to appeal is denied as academic.
WESTON, J.P., and PESCE, J., concur.
SOLOMON, J., taking no part.
ENTER:
Paul Kenny
Chief Clerk