Matter of Ragusa v Board of Elections in the City of New Yo
Motion No: 2008-11181
Slip Opinion No: 2008 NYSlipOp 92923(U)
Decided on December 24, 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

M80435

T/sl

WILLIAM F. MASTRO, J.P.

ANITA R. FLORIO

RUTH C. BALKIN

THOMAS A. DICKERSON, JJ.

2008-11181

In the Matter of Philip Ragusa, etc., petitioner-

appellant, v Board of Elections in the City of

New York, et al., respondents, Frank Padavan,

respondent-appellant; James Gennaro, respondent-

respondent.

(Index No. 27251/08)

DECISION & ORDER ON MOTION

Motion by the petitioner-appellant and the respondent-appellant, inter alia, to stay enforcement of an order of the Supreme Court, Queens County, dated December 10, 2008, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is denied as academic in light of our determination of the appeal (see Matter of Ragusa v Board of Elections in City of New York, ____ AD3d ____ [2nd Dept, Dec. 22, 2008]).

MASTRO, J.P., FLORIO, BALKIN and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court