| Barone v Metropolitan Transit Authority |
| Motion No: 2021-06281 |
| Slip Opinion No: 2021 NY Slip Op 76196(U) |
| Decided on December 17, 2021 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M280400
E/sl
SYLVIA O. HINDS-RADIX, J.P.
COLLEEN D. DUFFY
FRANCESCA E. CONNOLLY
LARA J. GENOVESI, JJ.
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2021-06281, 2021-06283 Joseph Barone, et al., respondents, v Metropolitan Transit Authority, et al., appellants. (Index No. 601520/2017)
| DECISION & ORDER ON MOTION |
Appeals from an interlocutory judgment of the Supreme Court, Suffolk County, entered August 3, 2021, and an order of the same court dated July 26, 2021. Motion by the appellants to stay the trial on the issue of damages, pending hearing and determination of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal from the order is dismissed, without costs or disbursements, on the ground that no appeal lies from an order that is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted; and it is further,
ORDERED that the motion is denied.
HINDS-RADIX, J.P., DUFFY, CONNOLLY and GENOVESI, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court