Appellate Division: Second Judicial Department

M48608

E/sl

A. GAIL PRUDENTI, P.J.

ROBERT W. SCHMIDT

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-09356 In the Matter of Donald Feola, appellant, v Patrick J. Carroll, etc., et al., respondents. (Index No. 04-5935)

DECISION & ORDER ON MOTION

Motion by the appellant to hold the respondents in contempt for their failure to comply with a decision and order of this court dated January 24, 2006, which determined an appeal from a judgment of the Supreme Court, Westchester County, entered September 29, 2004. Cross motion by the respondents, inter alia, to stay enforcement of the decision and order of this court dated January 24, 2006, in the event this court determines that the decision and order of this court dated January 24, 2006, is not automatically stayed pursuant to CPLR 5519(a)(1).

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 held in abeyance, and the matter is remitted to the Supreme Court, Westchester County, to hear and determine the issue of whether the respondents should be held in contempt for their failure to reinstate the petitioner as a police officer. The Supreme Court, Westchester County, is to file its report with all convenient speed; and it is further,

ORDERED that the cross motion is denied.

PRUDENTI, P.J., SCHMIDT, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court