Ricker v Board of Education of Town of Hyde Park
Motion No: 2007-09272
Slip Opinion No: 2007 NYSlipOp 84334(U)
Decided on November 23, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M62237

E/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

PETER B. SKELOS

JOSEPH COVELLO, JJ.

2007-09272

James Ricker, respondent, v Board of Education

of Town of Hyde Park, defendant, Hyde Park

Central School District, appellant.

(Index No. 183/05)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPLR 5519(c) to stay enforcement stated portions of of an order of the Supreme Court, Dutchess County, dated September 24, 2007, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is denied as academic in light of the affirmation of Kyle W. Barnett, Esq., dated November 1, 2007.

MILLER, J.P., RITTER, SKELOS and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court