Cruz v City of New York
Motion No: 2019-09403
Slip Opinion No: 2023 NY Slip Op 69163(U)
Decided on June 23, 2023
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

M289666

AFA/

COLLEEN D. DUFFY, J.P.

FRANCESCA E. CONNOLLY

REINALDO E. RIVERA

JANICE A. TAYLOR, JJ.

2019-09403

Alfredo Cruz, appellant,

v City of New York, respondent.

(Index No. 714064/2016)

DECISION & ORDER ON MOTION

2019-14525

Parnand Maharaj, appellant,

v City of New York, et al., respondents.

(Index No. 507825/2016)

Appeal from an order of the Supreme Court, Queens County, dated June 20, 2019, which was determined by decision and order of this Court dated August 11, 2021. Separate appeal from an order of the Supreme Court, Kings County, dated November 15, 2019, which was determined by decision and order of this Court dated December 8, 2021. Joint motion by the appellants, inter alia, for leave to appeal to the Court of Appeals from the decisions and orders of this Court.

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 for leave to appeal to the Court of Appeals from the decisions and orders of this Court is granted, and the following question is certified to the Court of Appeals: Were the decisions and orders of this Court dated August 11, 2021, and December 8, 2021, properly made?

Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713); and it is further,

ORDERED that the motion is otherwise denied.

DUFFY, J.P., CONNOLLY, RIVERA and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court