Matter of Smith v City of New York, Fire Department Board of Trustees

Matter of Smith v City of New York, Fire Department Board of Trustees

Motion No: 2019-04449

Slip Opinion No: 2019 NY Slip Op 75034(U)

Decided on July 15, 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

M264316

E/mm

REINALDO E. RIVERA, J.P.

SYLVIA O. HINDS-RADIX

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2019-04449
In the Matter of Baraka K. Smith, appellant,
v City of New York, Fire Department Board
of Trustees, respondent.
(Index No. 1621/18)

DECISION & ORDER ON MOTION

Motion by Baraka K. Smith for leave to appeal to this Court from an order of the Supreme Court, Kings County, dated April 2, 2019, and, in effect, for summary reversal.

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 for leave to appeal is denied as unnecessary without prejudice to filing a timely notice of appeal (see CPLR 5513, 5514); and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., HINDS-RADIX, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court