Jamal Chamlee v the City of New York the New York City Police Department P.O. Ivan Rodriguez

Motion No: M-1552

Slip Opinion No: 2020 NYSlipOp 68091(U)

Decided on July 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.

July 2, 2020

Jamal Chamlee,

Plaintiff-Respondent,

v

The City of New York, The New York City

Police Department, P.O. Ivan Rodriguez,

Detective Shannon Brooks, Detective Jorge

Tobon, Detective Angus Mackenze, P.O.

Winston Favis,

Defendants-Appellants.

An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about April 2, 2019,And plaintiff-respondent having moved (M-1526) to dismiss defendants-appellants' appeal, And defendants-appellants having cross-moved (M-1552) for an order holding plaintiff-respondent's motion to dismiss the appeal in abeyance pending the resolution of defendant-appellants' motion for reargument currently pending before Supreme Court, or in the alternative, denying plaintiff-respondent's motion to dismiss, without prejudice to renew, upon the resolution of defendants-appellants' pending motion for reargument, and for related relief, Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon,It is ordered that plaintiff-respondent's motion (M-1526) to dismiss the appeal is granted, and it is further Ordered that defendants-appellants' cross-motion (M-1552) is denied. ENTERED: July 2, 2020

_____________________ CLERK

Present - Hon. Dianne T. Renwick, Justice Presiding, Angela M. Mazzarelli Troy K. Webber Cynthia S. Kern Peter H. Moulton, Justices

M-1552

M-1526

Index No. 161388/15