Matter of Transitional Services of New York for Long
Motion No: 2008-00387
Slip Opinion No: 2009 NYSlipOp 68183(U)
Decided on March 31, 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

M84449

E/nl

STEVEN W. FISHER, J.P.

MARK C. DILLON

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2008-00387

In the Matter of Transitional Services of New

York for Long Island, Inc., petitioner-respondent,

v New York State Office of Mental Health, et al.,

appellants, et al., respondents.

(Index No. 5530-06)

DECISION & ORDER ON MOTION

Motion by the appellants New York State Office of Mental Health, Sharon Carpinello, and Robin Krajewski on appeals from an order of the Supreme Court, Suffolk County, dated December 5, 2007, in effect, to withdraw their appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, and the appeal of the appellants New York State Office of Mental Health, Sharon Carpinello, and Robin Krajewski is marked withdrawn, without costs or disbursements; and it is further,

ORDERED that on the court's own motion, the appeal of the appellant County of Nassau is dismissed, without costs or disbursements, on the ground that it has been rendered academic in light of the judgment of Supreme Court, Suffolk County, dated January 13, 2008, which dismissed the proceeding.

FISHER, J.P., DILLON, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court