| Funderburke v New York State Department of Civil Servic |
| Motion No: 2006-07589 |
| Slip Opinion No: 2007 NYSlipOp 76467(U) |
| Decided on August 28, 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
M58990
E/sl
ROBERT A. SPOLZINO, J.P.
DAVID S. RITTER
MARK C. DILLON
THOMAS A. DICKERSON, JJ.
|
2006-07589 Duke Funderburke, appellant, v New York State Department of Civil Service, et al., respondents. (Index No. 6186/05)
| DECISION & ORDER ON MOTION |
Motion by the respondents New York State Department of Civil Service, Daniel E. Wall, and Robert W. DuBois and separate motion by the respondents Uniondale Union Free School District, William K. Lloyd, Lawrence D. Blake, and Myrtle E. Dickson to dismiss an appeal from an order of the Supreme Court, Nassau County, entered July 12, 2006, on the ground that it has been rendered academic. Cross motion by the appellant to vacate the order of the Supreme Court, Nassau County, entered July 12, 2006, in the event that the appeal is dismissed.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and the papers filed in opposition thereto, it is
ORDERED that the motions and cross motion are held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the respondents' time to serve and file their respective briefs is enlarged until September 27, 2007, and the respondents' respective briefs must be served and filed on or before that date.
SPOLZINO, J.P., RITTER, DILLON and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court