Julio J. Lopez v Gregory M. Hicks New York City Transit Authority MTA Bus Company The

Motion No: M-3607

Slip Opinion No: 2019 NYSlipOp 80293(U)

Decided on September 26, 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 26, 2019

Julio J. Lopez,

Plaintiff-Appellant,

v

Gregory M. Hicks, New York City Transit

Authority, MTA Bus Company, The

Metropolitan Transportation Authority,

MTA New York City Transit, MTA New York

City Bus and Manhattan and Bronx Surface

Transit Operating Authority,

Defendants-Respondents,

-and-

City of New York and New York City

Department of Transportation,

Defendants.

Defendants-Respondents having moved to dismiss the appeal taken from an order of the Supreme Court, Bronx County, entered on or about April 20, 2019 on the ground that no appeal lies from an order entered upon consent (CPLR 5511), or alternatively, to adjourn the perfected 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 branch of the motion seeking to dismiss the appeal is denied, without prejudice to defendants-respondents addressing the issue in their respondent's brief. The appeal is adjourned to the December 2019 Term.ENTERED: September 26, 2019

_____________________ CLERK

Present - Hon. Angela M. Mazzarelli, Justice Presiding, Barbara R. Kapnick Troy K. Webber Ellen Gesmer Cynthia S. Kern, Justices

M-3607

Index No. 309896/12