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

Motion No: M-1512

Slip Opinion No: 2019 NYSlipOp 71246(U)

Decided on May 28, 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.

May 28, 2019

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

Bishambhar Kubair, and Heidi Cohen, in

her capacity as the personal representative

of the Estate of 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 an appeal having been taken by petitioners from an order of the same court, entered on or about November 13, 2018, And an order of this Court having been entered on March 12, 2019, granting petitioners-appellants-respondents motion to file a supplemental record for the June 2019 Term (M-6629), and denying their motion to substitute Heidi Cohen in place of Andrew Cohen, with leave to renew upon proof that Heidi Cohen has been named personal representative of the estate (M-6657), And petitioners-appellants-respondents having renewed their motion to substitute Heidi Cohen, in her capacity as the personal representative of the Estate of Andrew Cohen, in place of Andrew Cohen as petitioner, and to amend the caption to reflect same, Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, it is It is ordered that the motion is granted, and the caption is amended, as indicated. ENTERED: May 28, 2019

_____________________ CLERK

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

M-1512

Index No. 101831/17