| IN THE MATTER OF APPLICATION OF JOHN AND TRACY PELOSE ON BEHALF OF BRIAN PELOSE, AN INFANT, FOR REVIEW OF A |
| Motion No: CA 09-00485 |
| Slip Opinion No: 2009 NYSlipOp 68386(U) |
| Decided on April 1, 2009 |
| 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 FAHEY, JJ.
DOCKET NO. CA 09-00485
| IN THE MATTER OF APPLICATION OF JOHN AND TRACY PELOSE,
PETITIONERS-RESPONDENTS, ON BEHALF OF BRIAN PELOSE, AN INFANT, FOR REVIEW OF A DETERMINATION OF THE BISHOP GRIMES JR./SR. HIGH SCHOOL,
RESPONDENT-APPELLANT, DISMISSING THE INFANT FROM ANY FUTURE ATTENDANCE AT SAID HIGH SCHOOL RELATING TO THE PROVISIONS OF
EDUCATION SERVICES TO A CHILD WITH A DISABILITY. |
Appellant having moved, upon the return of an order to show cause granted by the Honorable Robert G. Hurlbutt on March 11, 2009, for a stay of all proceedings to enforce an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on February 3, 2009, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affirmation of James P. Evans dated March 3, 2009, said show cause order with proof of service thereof, the opposing affidavit of Ralph A. Cognetti sworn to March 6, 2009, the reply affirmation of James P. Evans sworn to March 9, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Entered: April 1, 2009
JoAnn M. Wahl, Clerk