Kimberly Battocchio etc. et al. v Scott v. Paolino et al.

Motion No: M-3050

Slip Opinion No: 2019 NYSlipOp 79117(U)

Decided on September 10, 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.

September 10, 2019

Kimberly Battocchio, etc., et al.,

Plaintiffs-Respondents,

v

Scott V. Paolino, et al.,

Defendants-Appellants,

City of New York, et al.,

Defendants.

Plaintiffs-respondents having moved for leave to appeal to the Court of Appeals from the decision and order of this Court, entered on April 2, 2019 (Appeal No. 8874), 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: September 10, 2019

_____________________ CLERK

Present - Hon. David Friedman, Justice Presiding, Judith J. Gische Peter Tom Ellen Gesmer Peter H. Moulton, Justices

M-3050

Index No. 306330/11