In the Matter of the Application By Express Scripts

Motion No: M-2816

Slip Opinion No: 2019 NYSlipOp 76836(U)

Decided on August 6, 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.

August 6, 2019

In the Matter of the Application

By Express Scripts, Inc.,

Petitioner-Appellant,

For a Judgment Pursuant to Article 78of the Civil Practice Law and Rules,

v

Metropolitan Transit Authority,

New York City Transit Authority, and

CAREMARKPCS Health, LLC.,

Respondents-Respondents.

An appeal having been taken from two orders of the Supreme Court, New York County, entered on or about May 7, 2019, and May 30, 2019, And petitioner-appellant having moved for a temporary restraining order and a preliminary injunction restraining respondents, Metropolitan Transit Authority and New York City Transit Authority, from executing and performing the Pharmacy Benefit Management Agreement awarded to CVS pending the hearing and determination of the aforesaid appeal, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is denied. ENTERED: August 6, 2019

_____________________ DEPUTY CLERK

PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Dianne T. Renwick Rosalyn H. Richter Sallie Manzanet-Daniels Peter Tom, Justices

M-2816

Index No. 154379/19