Garcia v New York City Transit Authority
Motion No: 2023-08329
Slip Opinion No: 2024 NY Slip Op 70248(U)
Decided on June 28, 2024
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

M297386

AFA/

COLLEEN D. DUFFY, J.P.

ROBERT J. MILLER

DEBORAH A. DOWLING

JANICE A. TAYLOR, JJ.

2023-08329

Randolph Garcia, appellant-respondent,

v New York City Transit Authority, et al.,

defendants-respondents, Cristoffe Cintron,

et al., respondents-appellants.

(Index No. 519043/2016)

DECISION & ORDER ON MOTION

2023-08477

Elvin Cruz, appellant-respondent,

v Metropolitan Transportation Authority,

et al., defendants-respondents, Cristoffe

Cintron, et al., respondents-appellants.

(Index No. 512449/2016)

2023-08528

Luis Rios, appellant, v New York City

Transit Authority, et al., respondents

(and a third-party action).

(Index No. 514675/2016)

Appeals from three judgments of the Supreme Court, Kings County, all dated July 13, 2023, and cross-appeals from the same judgments under Supreme Court Index Nos. 519043/2016 and 512449/2016, respectively. Motion by appellant-respondent Randolph Garcia to consolidate the appeals and to extend the time to perfect the appeals. Motion by the appellant-respondent Elvin Cruz to consolidate the appeals and to extend the time to perfect the appeals. Motion by the appellant Luis Rios to consolidate the appeals and to extend the time to perfect the appeals.

Upon the papers filed in support of the motions and the papers filed in relation thereto, it is

ORDERED that the branches of the motions which are to consolidate the appeals are denied; and it is further,

ORDERED that on the Court's own motion, the appeals will be calendared together and will be argued or submitted on the same date; and it is further,

ORDERED that the branches of the motions which are for an extension of time to perfect the appeals are granted, and on or before September 26, 2024, the appellants shall serve and file the records or appendices and the appellants' briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the records or appendices and the appellants' briefs and upload digital copies of the record or appendices and the appellants' briefs, with proof of service thereof, through the digital portal on this Court's website.

DUFFY, J.P., MILLER, DOWLING and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court