Naber Electric Corp. v Hawthorne Cedar Knolls Union Fre
Motion No: 2006-04567
Slip Opinion No: 2008 NYSlipOp 63037(U)
Decided on February 7, 2008
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

M65890

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

DAVID S. RITTER

DANIEL D. ANGIOLILLO, JJ.

2006-04567

Naber Electric Corp., appellant, v Hawthorne

Cedar Knolls Union Free School District, et al.,

respondents.

(Index No. 05-8985)

DECISION & ORDER ON MOTION

Motion by the respondent Hawthorne Cedar Knolls Union Free School District to vacate a decision and order of this court dated May 1, 2007, which determined an appeal from an order of the Supreme Court, Westchester County, entered April 5, 2006, and for leave to reargue the appeal. Separate motion by the respondent Hawthorne Cedar Knolls Union Free School District to stay a certain arbitration commenced by the appellant, pending determination of the motion to vacate and for leave to reargue the appeal.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motion to vacate and for leave to reargue is denied; and it is further,

ORDERED that the motion to stay the arbitration commenced by the appellant, pending determination of the motion to vacate and for leave to reargue is denied as academic.

RIVERA, J.P., SPOLZINO, RITTER and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court