Matter of Jean Nelson Lumsby v Shaun Donovan & c.

Motion No: 577

Slip Opinion No: 2008 NYSlipOp 76423

Decided on July 1, 2008

Court of Appeals Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and subject to revision before publication in the Official Reports.

In the Matter of Jean Nelson Lumsby, et al., Appellants, v. Shaun Donovan & c., et al., Respondents.

Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.

Where motions for leave to appeal to this Court are made in this Court and the Appellate Division simultaneously, this Court has the power to entertain the motion without waiting for the Appellate Division to issue its determination of the motion. To the extent that Wild v Bartol, 5 NY2d 792 [1958] holds to the contrary, it will not be followed.

Motion for a stay dismissed as academic.