M.S. v County of Orange
Motion No: 2006-07490
Slip Opinion No: 2009 NYSlipOp 61786(U)
Decided on January 23, 2009
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

M81548

E/sl

A. GAIL PRUDENTI, P.J.

MARK C. DILLON

DAVID S. RITTER

THOMAS A. DICKERSON, JJ.

2006-07490

M.S., etc., et al., plaintiffs-respondents,

v County of Orange, et al., appellants,

Barbara Horton, et al., defendant-respondents.

(Index No. 02-6063)

DECISION & ORDER ON MOTION

Motion by the plaintiffs-respondents to dismiss an appeal from an order of the Supreme Court, Orange County, dated July 13, 2006, on the ground that the right of direct appeal terminated with entry on August 31, 2007, of a judgment in the above-entitled action.

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

ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

PRUDENTI, P.J., DILLON, RITTER and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court