| Matter of Hendrick Hudson Central School District v Falisnki |
| Motion No: 2009-00538 |
| Slip Opinion No: 2009 NY Slip Op 70439(U) |
| Decided on April 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. |
Appellate Division: Second Judicial Department
M85653
E/cb
WILLIAM F. MASTRO, J.P.
REINALDO E. RIVERA
THOMAS A. DICKERSON
PLUMMER E. LOTT, JJ.
|
2009-00538 In the Matter of Hendrick Hudson Central School District, appellant, v Joanne Falinski, respondent-respondent, et al., respondent. (Index No. 23057/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant to confirm that an automatic stay is in effect pursuant to CPLR 5519(a)(1) staying an arbitration proceeding between the parties in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered December 8, 2008, or, in the alternative, to stay the arbitration proceeding between the parties pursuant to CPLR 5519(c).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to confirm that an automatic stay is in effect pursuant to CPLR 5519(a)(1) is granted; and it is further,
ORDERED that the branch of the motion which is to stay the arbitration proceeding between the parties pursuant to CPLR 5519(c) is denied as academic.
MASTRO, J.P., RIVERA, DICKERSON and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court