Funderburke v New York State Department of Civil Servic
Motion No: 2006-07589
Slip Opinion No: 2007 NYSlipOp 86795(U)
Decided on December 19, 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

M63987

E/sl

ROBERT A. SPOLZINO, J.P.

ANITA R. FLORIO

PETER B. SKELOS

DANIEL D. ANGIOLILLO, JJ.

2006-07589

Duke Funderburke, appellant, v

New York State Department of Civil

Service, et al., respondents.

(Appeal No. 1)

(Index No. 6186/05)

2007-04303

Margaret Godfrey, et al., appellants,

v Andrew Spano, etc., et al., respondents.

(Appeal No. 2)

(Index No. 16894/06)

DECISION & ORDER ON MOTION

Motion by Kenneth J. Lewis, Denise A. Lewis, Robert C. Houck, Jr., and Elaine A. Houck for leave to file an amicus curiae brief on an appeal from an order of the Supreme Court, Nassau County, entered July 12, 2006 (Appellate Division Docket No. 2006-07581). Separate motion by Margaret Godfrey, Rosemarie Jarosz, and Joseph Rossini, the appellants on an appeal from a judgment of the Supreme Court, Westchester County, dated April 16, 2007 (Appellate Division Docket No. 2007-04303), to calendar that appeal together with the appeal from the order entered July 12, 2006.

Upon the papers filed in support of the motions, the papers filed in opposition to the motion for leave to file an amicus curiae brief, and the papers filed in opposition and relation to the motion to calendar the appeals together, it is

ORDERED that the motions are denied.

SPOLZINO, J.P., FLORIO, SKELOS and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court