| County of Nassau v Nassau County Board of Elections |
| Motion No: 2007-01235 |
| Slip Opinion No: 2007 NYSlipOp 62768(U) |
| Decided on February 8, 2007 |
| 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. |
Appellate Division: Second Judicial Department
M50630
S/sl
STEPHEN G. CRANE, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
DANIEL D. ANGIOLILLO, JJ.
|
2007-01235 County of Nassau, appellant, v Nassau County Board of Elections, et al., respondents; Maureen O'Connell, intervenor-respondent, et al., intervenor. (Index No. 2199/07)
| DECISION & ORDER ON MOTION |
Motion by the intervenor-respondent Maureen O'Connell and the respondent John DeGrace on an appeal from an order of the Supreme Court, Nassau County, dated February 6, 2007, (1) to declare that no automatic stay of enforcement of the order pursuant to CPLR 5519(a)(1) is in effect or, if such an automatic stay is in effect, to vacate that stay, and (2) to dismiss the appeal on the ground that the plaintiff lacks standing to prosecute the appeal.
Upon hearing the attorneys for the respective parties, it is
ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,
ORDERED that the motion is otherwise denied as academic (see Matter of Pokoik v Department of Health Servs., 220 AD2d 13, 14-15).
CRANE, J.P., RITTER, GOLDSTEIN and ANGIOLILLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court