Jose Silverio v Ford Motor Company and Samuel R. Gaines .

Motion No: M-1094

Slip Opinion No: 2020 NYSlipOp 65294(U)

Decided on April 2, 2020

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.

April 2, 2020

Jose Silverio,

Plaintiff-Appellant,

v

Ford Motor Company and Samuel R. Gaines,

Defendants-Respondents.

Separate appeals having been taken to this Court by defendants from a judgment of the Supreme Court, Bronx County, entered on or about July 5, 2019, and by plaintiff from two orders of the Supreme Court, Bronx County, entered on or about October 15, 2019, and on or about October 30, 2019, and plaintiff's appeals having been consolidated by this Court's order dated January 9, 2020, (M-8481), And plaintiff-appellant having moved for renewal/reargument of that branch of said decision and order of this Court, entered on January 9, 2020 (Appeal No. 8481), which denied a stay of enforcement of the aforementioned orders entered on or about October 15, 2019 and October 30, 2019, as well as all proceedings before the trial court, pending hearing and determination of the consolidated appeals, (M-960), And defendants-respondents having moved to withdraw their appeal taken from the judgment of the Supreme Court, Bronx County, entered on or about July 5, 2019, (M-1094),Now, after pre-argument conference and upon reading and filing the stipulation of the parties hereto, "so ordered" February 14, 2020, and upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that plaintiff's motion to renew/reargue this Court's aforementioned order dated January 9, 2020 (M-8481) is denied, with leave to renew, if the Supreme Court schedules a trial date before the determination of the appeal, and It is furthered ordered that defendants-respondents' appeal taken from the July 5, 2019 judgment of the Supreme Court, Bronx County is withdrawn in accordance with the aforesaid stipulation of the parties. ENTERED: April 2, 2020

_____________________ CLERK

Present - Hon. Rosalyn H. Richter, Justice Presiding, Judith J. Gische Cynthia S. Kern Anil C. Singh, Justices

M-1094

M-960

Index No. 302990/12