Diosmaira v New York City Transit Authority
Motion No: 2022-05166
Slip Opinion No: 2023 NY Slip Op 71767(U)
Decided on August 16, 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

M290557

AFA/

COLLEEN D. DUFFY, J.P.

ANGELA G. IANNACCI

WILLIAM G. FORD

BARRY E. WARHIT, JJ.

2022-05166

Adames Mejia Juana Diosmaira, appellant,

v New York City Transit Authority, respondent.

(Index No. 705033/2019)

DECISION & ORDER ON MOTION

2023-02064

Adames Mejia Juana Diosmaira,

appellant-respondent, v New York City

Transit Authority, respondent-appellant.

(Index No. 705033/2019)

Appeals from two orders of the Supreme Court, Queens County, dated June 21, 2022, and February 7, 2023, respectively, and cross-appeal from the order dated February 7, 2023. Motion by the appellant to consolidate the appeals, or in the alternative, to calendar and determine the appeals and cross-appeal together.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to consolidate the appeals is denied; and it is further,

ORDERED that the branch of the motion which is to calendar and determine the appeals and cross-appeal together is granted, and the appeals and cross-appeal will be calendared together and will be argued or submitted on the same date; and it is further,

ORDERED that on the Court's own motion, the time to perfect the appeal under Appellate Division docket no. 2023-02064 is extended, and on or before September 15, 2023, the appellant-respondent shall serve and file the joint record or appendix and the appellant-respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the joint record or appendix and the appellant-respondent's brief and upload digital copies of the joint record or appendix and the appellant-respondent's brief, with proof of service thereof, through the digital portal on this Court's website.

DUFFY, J.P., IANNACCI, FORD and WARHIT, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court