| JANET EVELYN DORSEY V HERKIMER COUNTY COMMUNITY COLLEGE |
| Motion No: CA 08-02129 |
| Slip Opinion No: 2008 NYSlipOp 87859(U) |
| Decided on October 28, 2008 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 08-02129
| JANET EVELYN DORSEY, PLAINTIFF-RESPONDENT, V HERKIMER
COUNTY COMMUNITY COLLEGE, DEFENDANT-APPELLANT. |
Respondent having moved to vacate the automatic stay of all proceedings to enforce an order of the Supreme Court entered in the Office of the Clerk of the County of Herkimer on July 29, 2008, pending the hearing and determination of the appeal taken herein, and appellant having cross-moved for a discretionary stay if the automatic stay is vacated,
Now, upon reading and filing the affirmation of David G. Goldbas dated October 8, 2008,
the notice of motion with proof of service thereof, the opposing affirmation of Earl T. Redding dated October 20, 2008, the notice of cross motion with proof of service thereof, the reply affidavit of Janet Evelyn Dorsey sworn to October 22, 2008, the surreply affirmation of Earl T. Redding dated October 24, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion and cross motion be, and the same hereby are, granted to the extent that the automatic stay is vacated effective December 1, 2008 unless appellant perfects the appeal on or before November 28, 2008.
Entered: October 28, 2008
JoAnn M. Wahl, Clerk