Matter of Bediner v Firetog
Motion No: 2006-01424
Slip Opinion No: 2006 NYSlipOp 66715(U)
Decided on April 7, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M38156

E/sl

ROBERT W. SCHMIDT, J.P.

DANIEL F. LUCIANO

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2006-01424

In the Matter of Dimitri Bediner, petitioner,

v Neil Jon Firetog, etc., et al., respondents.

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay the release and dissemination by any governmental agency or body of the Sex Offender Registration level 3 designation for the petitioner pending hearing and determination of this proceeding. Cross motion by the respondents Neil Jon Firetog, Danny K. Chun, and Chauncey G. Parker to dismiss the proceeding pursuant to CPLR 3211(a)(7) and 7804(f) for failure to state a claim.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the motion is denied; and it is further

ORDERED that the cross motion is held in abeyance and referred to the panel of justices hearing the proceeding for determination upon the argument or submission thereof.

SCHMIDT, J.P., LUCIANO, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court