Opinion
Motion No: 2016-00668 KC
06-23-2016
Joseph Pellegrino, Respondent, v. New York City Transit Authority, Appellant.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
Motion by respondent to dismiss so much of an appeal as is from an order of the Civil Court of the City of New York, Kings County, dated February 5, 2016, on the ground that appellant is not aggrieved by the order. The order, insofar as appealed from, denied appellant's motion to vacate a judgment of the same court entered June 3, 2015. Separate motion by respondent to dismiss, in effect, as untimely so much of the appeal as is from an amended judgment of the same court entered March 28, 2016.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that respondent's motions are consolidated for purposes of disposition; and it is further,
ORDERED that respondent's motion to dismiss so much of the appeal as is from the order dated February 5, 2016 is denied; and it is further,
ORDERED that respondent's motion to dismiss, in effect, as untimely so much of the appeal as is from the amended judgment entered March 28, 2016 is granted, and that portion of the appeal is dismissed, as appellant's time to appeal must be measured from the original judgment (see Meyer v Meyer, 228 AD2d 955 [1996]; Kitchen v Port Auth. of N.Y. & N.J., 221 AD2d 195 [1995]).
We note that, upon the dismissal of so much of the appeal as is from the amended judgment, the automatic stay provided for in CPLR 5519 (a) (1) is vacated, as so much of the appeal as is from the order dated February 5, 2016 does not give rise to an automatic stay.
PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk