| MATTER OF ROBERT NESSLIN, INDIVIDUALLY AND AS CHAIR OF MEDAILLE COLLEGE FACULTY COUNCIL, DEBORAH CEPPAGLIA |
| Motion No: CA 07-00189 |
| Slip Opinion No: 2007 NYSlipOp 81214(U) |
| Decided on October 17, 2007 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, GORSKI, MARTOCHE, AND CENTRA, JJ.
DOCKET NO. CA 07-00189
| MATTER OF ROBERT NESSLIN, INDIVIDUALLY AND AS CHAIR OF MEDAILLE COLLEGE FACULTY COUNCIL, DEBORAH CEPPAGLIA, INDIVIDUALLY AND AS VICE-CHAIR OF MEDAILLE COLLEGE FACULTY COUNCIL, ELIZABETH LUCYZYN, INDIVIDUALLY AND AS A MEMBER OF MEDAILLE COLLEGE FACULTY COUNCIL, GLENN W. MORROW, INDIVIDUALLY AND AS A MEMBER OF MEDAILLE COLLEGE FACULTY COUNCIL, JAMES F. BRACE, INDIVIDUALLY AND AS A MEMBER OF MEDAILLE COLLEGE FACULTY COUNCIL, AND MEDAILLE COLLEGE FACULTY COUNCIL, PETITIONERS-RESPONDENTS, V MEDAILLE COLLEGE, WILLIAM M. COLLINS, CHAIR OF THE MEDAILLE COLLEGE BOARD OF TRUSTEES, AND JOSEPH BASCUAS, PRESIDENT OF MEDAILLE COLLEGE, RESPONDENTS-APPELLANTS. |
Appellants having moved to withdraw the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 5, 2006,
Now, upon reading and filing the affirmation of Linda Prestegaard dated
September 14, 2007, the notice of motion with proof of service thereof, the opposing affirmation of Matthew J. Fusco dated September 21, 2007, the opposing affidavit of Robert Nesslin sworn to September 20, 2007 and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeal is dismissed without prejudice.
Entered: October 17, 2007
JoAnn M. Wahl, Clerk