| Denis J. Butler v N. Y. City Tr. Auth. |
| Motion No: 2010-305 |
| Slip Opinion No: 2010 NY Slip Op 73545 |
| Decided on June 08, 2010 |
| Court of Appeals Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. |
| This motion is uncorrected and subject to revision before publication in the Official Reports. |
Denis J. Butler,
Appellant,
v
New York City Transit Authority, et al.,
Respondents.
Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution. The order denying the CPLR 4404 motion to set aside the verdict resolves the issues raised on the CPLR 4404 motion; it does not dispose of all of the issues in the action (see CPLR 5611). The final and appealable paper to this Court is the final judgment entered after the denial of the motion or an Appellate Division order resolving an appeal from that judgment (see Cuadrado v New York City Tr. Auth., 14 NY3d 748 [2010]).