Appellate Division: Second Judicial Department

M257490

F/afa

MARK C. DILLON, J.P.

COLLEEN D. DUFFY

HECTOR D. LASALLE

BETSY BARROS, JJ.

2017-11739 Mark T. Uy, plaintiff-respondent, v A. Hussein, etc., appellant, Uber Technologies, Inc., defendant- respondent. (Index No. 710865/16)

DECISION & ORDER ON MOTION

2018-02145, 2018-07670

Mark T. Uy, plaintiff-respondent,

v Md A. Hussein, defendant-respondent,

Uber Technologies, Inc., appellant.

(Index No. 710865/16)

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated October 26, 2018, in the above-entitled appeals is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant A. Hussein to stay the trial and discovery in the above-entitled matter, pending hearing and determination of appeals from three orders of the Supreme Court, Queens County, dated July 24, 2017, November 15, 2017, and April 9, 2018, respectively, and, in effect, to calendar the appeal from the order dated July 24, 2017, together with the appeals from the orders dated November 15, 2017, and April 9, 2018.

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 is stayed pending hearing and determination of the appeals; and it is further,

ORDERED that the branch of the motion which is to calendar the appeals together is granted, and the appeals will be calendared together and will be argued or submitted on the same date; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., DUFFY, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court