Susan Vente v the City of New York

Motion No: M-2604

Slip Opinion No: 2020 NYSlipOp 71677(U)

Decided on September 17, 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.

September 17, 2020

Susan Vente,

Plaintiff-Appellant,

v

The City of New York,

Defendant-Respondent.

An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about

January 22, 2020, and said appeal having been perfected, And defendant-respondent having moved to dismiss the aforesaid appeal or, in event this Court declines to dismiss the appeal, for an adjournment of the appeal to allow defendant-respondent to submit a respondent's brief addressing the merits (M-2537), And plaintiff-appellant having cross-moved to deem the notice of appeal an application for leave to appeal(M-2604),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 defendant-respondent's motion is denied to the extent it seeks to dismiss the appeal, without prejudice to addressing the issue directly on appeal; the motion is granted to the extent the appeal is adjourned to the December 2020 Term of this Court(M-2537), andIt is further ordered that the cross motion is denied without prejudice to plaintiff-appellant addressing the issue directly on appeal (M-2604). ENTERED: SEPTEMBER 17, 2020

_____________________ CLERK

Present - Hon. Barbara R. Kapnick, Justice Presiding, Cynthia S. Kern Anil C. Singh Peter H. Moulton Lizbeth GonzÁlez, Justices

M-2604

M-2537

Index No. 151644/19