Opinion
Motion No: M-3607
09-26-2019
Julio J. Lopez, Plaintiff-Appellant, v. Gregory M. Hicks, New York City Transit Authority, MTA Bus Company, The Metropolitan Transportation Authority, MTA New York City Transit, MTA New York City Bus and Manhattan and Bronx Surface Transit Operating Authority, Defendants-Respondents, -and- City of New York and New York City Department of Transportation, Defendants.
Defendants-Respondents having moved to dismiss the appeal taken from an order of the Supreme Court, Bronx County, entered on or about April 20, 2019 on the ground that no appeal lies from an order entered upon consent (CPLR 5511), or alternatively, to adjourn the perfected 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 branch of the motion seeking to dismiss the appeal is denied, without prejudice to defendants-respondents addressing the issue in their respondent's brief. The appeal is adjourned to the December 2019 Term.
ENTERED: September 26, 2019
__________ CLERK
Present - Hon. Angela M. Mazzarelli, Justice Presiding, Barbara R. Kapnick Troy K. Webber Ellen Gesmer Cynthia S. Kern, Justices
M-3607
Index No. 309896/12