Local 621 S.E.I.U. Seupersaud Bharat v the New York City Department of Transportation Polly Trottenberg

Motion No: M-6657

Slip Opinion No: 2019 NYSlipOp 65050(U)

Decided on March 12, 2019

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.

March 12, 2019

Local 621, S.E.I.U., Seupersaud Bharat,

Bishambhar Kubair, and Andrew Cohen,

Petitioners-Appellants-Respondents,

For a Judgment Pursuant to Article 78

of the Civil Practice Law and Rules,

v

The New York City Department of

Transportation, Polly Trottenberg,

personally and as Commissioner of the

New York City Department of Transportation,

James L. Hallman, personally and as Chief

Diversity/EEO Officer of the New York City

Department of Transportation, and the City

of New York,

Respondents-Respondents-Appellants.

An appeal and cross appeal having been taken from an order and judgment (one paper) of the Supreme Court, New York County, entered on or about July 16, 2018, And petitioners-appellants-respondents having moved for leave to file a supplemental record consisting of the November 29, 2018 "Step II Hearing" decision by the New York City Department of Transportation, which dismissed disciplinary charges against petitioner Bharat (Exh. A. to the moving papers) (M-6629), And petitioners-appellants-respondents having moved, by separate motion, for an order pursuant to CPLR 1015(a) and 1021, substituting Heidi Cohen, in her capacity as the personal representative for the estate of petitioner Andrew Cohen, in place of Andrew Cohen as a petitioner, and to amend the caption to reflect same (M-6657), Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that the motion to file a supplemental record is granted, and petitioners-appellants-respondents are directed to file same on or before April 17, 2019 for the June 2019 Term (M-6629), and it is further,Ordered that the motion to substitute Heidi Cohen in place of Andrew Cohen as a petitioner is denied, with leave to renew upon submission of proof that Heidi Cohen has been named the personal representative for the estate (M-6627). Sua sponte, the appeal and cross appeal are adjourned to the September 2019 Term. ENTERED: March 12, 2019

_____________________ CLERK

Present - Hon. David Friedman,Justice Presiding, John W. Sweeny, Jr. Rosalyn H. Richter Jeffrey K. Oing Peter H. Moulton,Justices

M-6657

M-6629

Index No. 101831/17