| Fithian v Sag Harbor Union Free School District |
| Motion No: 2007-10668 |
| Slip Opinion No: 2008 NYSlipOp 72337(U) |
| Decided on May 16, 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. |
Appellate Division: Second Judicial Department
M70583
E/cb
ROBERT A. LIFSON, J.P.
DAVID S. RITTER
MARK C. DILLON
JOHN M. LEVENTHAL, JJ.
|
2007-10668
Daniel Fithian, et al., respondents, v Sag Harbor Union Free School District, appellant, et al., defendant.
(Index No. 08657/05)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to submit opposition to and, inter alia, for leave to reargue the appellant's prior motion to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated October 16, 2007, which was granted by decision and order on motion of this court dated April 24, 2008.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is, inter alia, for leave to submit opposition to the appellant's prior motion to stay the trial is granted; and it is further,
ORDERED that the branch of the motion which is for leave to reargue the appellant's prior motion is granted to the extent that leave to reargue is granted, and, upon reargument, after considering the respondents' opposition, the court adheres to its prior determination, and that branch of the motion is otherwise denied.
LIFSON, J.P., RITTER, DILLON and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court