Matter of Fenstermaker v Edgemont Union Free School Distri
Motion No: 2006-09749
Slip Opinion No: 2006 NYSlipOp 83046(U)
Decided on December 28, 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

M48683

E/sl

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

WILLIAM F. MASTRO

MARK C. DILLON, JJ.

2006-09749

In the Matter of Scott L. Fenstermaker, appellant,

v Edgemont Union Free School District, et al.,

respondents.

(Index No. 06-11632)

DECISION & ORDER ON MOTION

Motion by Scott L. Fenstermaker for leave to appeal from an order of the Supreme Court, Westchester County, entered September 27, 2006.

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

ORDERED that the motion is denied as unnecessary as the order is appealable as of right (see Matter of Palaez v Waterfront Comm. of N.Y. Harbor, 48 NY2d 1021).

PRUDENTI, P.J., SANTUCCI, MASTRO and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court