Plenty v New York City Transit Authority
Motion No: 2020-05130
Slip Opinion No: 2022 NY Slip Op 66745(U)
Decided on June 1, 2022
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M283221

MB/

MARK C. DILLON, J.P.

JOSEPH J. MALTESE

PAUL WOOTEN

LARA J. GENOVESI, JJ.

2020-05130

Dorian Scott Plenty, respondent,

v New York City Transit Authority,

et al., appellants.

(Index No. 514023/2016)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated March 4, 2020. Motion by the appellants, inter alia, in effect, to stay enforcement of so much of the order as directed the action to proceed to trial on a specified date, pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to stay enforcement of so much of the order as directed the action to proceed to trial on a specified date is denied as unnecessary, as an automatic stay is in effect pursuant to CPLR 5519(a)(1); and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., MALTESE, WOOTEN and GENOVESI, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court