Opinion
Motion No: M-2816
08-06-2019
In the Matter of the Application By Express Scripts, Inc., Petitioner-Appellant, For a Judgment Pursuant to Article 78of the Civil Practice Law and Rules, v. Metropolitan Transit Authority, New York City Transit Authority, and CAREMARKPCS Health, LLC., Respondents-Respondents.
An appeal having been taken from two orders of the Supreme Court, New York County, entered on or about May 7, 2019, and May 30, 2019, And petitioner-appellant having moved for a temporary restraining order and a preliminary injunction restraining respondents, Metropolitan Transit Authority and New York City Transit Authority, from executing and performing the Pharmacy Benefit Management Agreement awarded to CVS pending the hearing and determination of the aforesaid appeal, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is denied.
ENTERED: August 6, 2019
__________ DEPUTY CLERK
PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Dianne T. Renwick Rosalyn H. Richter Sallie Manzanet-Daniels Peter Tom, Justices
M-2816
Index No. 154379/19