Zamora v David Caccavo, LLC
Motion No: 2018-05811
Slip Opinion No: 2019 NY Slip Op 61759(U)
Decided on January 29, 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

M259028

E/sl

RUTH C. BALKIN, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2018-05811, 2018-09668

Sonia Merchan Zamora, respondent-appellant,

v David Caccavo, LLC, appellant-respondent,

E & Z Food Corp., respondent, New York

City Transit Authority, appellant-respondent,

et al., defendant.

(Index No. 701636/15)

DECISION & ORDER ON MOTION

Motion by New York City Transit Authority to consolidate an appeal and a cross appeal from an order of the Supreme Court, Queens County, entered May 1, 2018, with an appeal from a judgment of the same court entered June 6, 2018. By decision and order on motion of this Court dated December 21, 2018, this Court deemed the notice of appeal and notice of cross appeal from the order entered May 1, 2018, also to be a notice of appeal and notice of cross appeal from the judgment.

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 denied as academic.

BALKIN, J.P., COHEN, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court