Bianchi v New York City Transit Authority
Motion No: 2017-07229
Slip Opinion No: 2019 NY Slip Op 60172(U)
Decided on January 4, 2019
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

M258896

E/sl

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2017-07229, 2018-06610

Andrew Bianchi, appellant, v New York

City Transit Authority, et al., respondents.

(Index No. 4789/12)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from a judgment of the Supreme Court, Kings County, dated June 2, 2017, and an order of the same court dated January 2, 2018, for leave to reargue his prior motion which was determined by a decision and order on motion of this Court dated November 5, 2018.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, the decision and order on motion of this Court dated November 5, 2018, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant on appeals from a judgment of the Supreme Court, Kings County, dated June 2, 2017, and an order of the same court dated January 2, 2018, for leave to correct the covers of the record and briefs filed in connection with the appeal from the judgment to reflect that the record and briefs are also filed in connection with the appeal from the order, and to deem the appeals consolidated.

ORDERED that the motion is granted, and on or before January 25, 2019, the appellant shall correct the covers and the CPLR 5531 statement of the copies of the record and briefs filed with the Clerk of this Court to reflect that the record and briefs were also filed in connection with the appeal from the order.

RIVERA, J.P., ROMAN, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court