Opinion
08-25-2016
Niurka ANDINO, Appellant–Respondent, v. Ronald MILLS, et al., Respondents–Appellants. (And a Third–Party Action.).
Reported below, 135 A.D.3d 407, 23 N.Y.S.3d 63.
Appeals dismissed without costs, by the Court of Appeals, sua sponte, upon the ground that the Appellate Division does not have the power to grant leave to appeal to this Court on a certified question from an order granting a new trial (see CPLR 5601[c] ; 5602[b][1]; Maynard v. Greenberg, 82 N.Y.2d 913, 914, 609 N.Y.S.2d 175, 631 N.E.2d 117 [1994] ; Fishman v. Manhattan & Bronx Surface Tr. Operating Auth., 78 N.Y.2d 878, 878, 573 N.Y.S.2d 68, 577 N.E.2d 59 [1991] ).