MacNiven v East Hampton Union Free School District
Motion No: 2008-05288
Slip Opinion No: 2008 NYSlipOp 92636(U)
Decided on December 22, 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

M80226

E/sl

A. GAIL PRUDENTI, P.J.

ROBERT A. SPOLZINO

WILLIAM E. McCARTHY

JOHN M. LEVENTHAL, JJ.

2008-05288

Corey MacNiven, et al., plaintiffs-respondents,

v East Hampton Union Free School District, appellant,

Austin Wirth, et al., defendants-respondents.

(Index No. 19787-06)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated April 28, 2008.

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

ORDERED that the motion is granted to the extent that the trial in the above-entitled action is stayed pending hearing and determination of the appeal, and the motion is otherwise denied.

PRUDENTI, P.J., SPOLZINO, McCARTHY and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court