Matter of Mirenberg v Lynbrook Union Free School District
Motion No: 2008-04865
Slip Opinion No: 2009 NY Slip Op 72803(U)
Decided on May 19, 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

M86806

E/sl

WILLIAM F. MASTRO, J.P.

ANITA R. FLORIO

RANDALL T. ENG

JOHN M. LEVENTHAL, JJ.

2008-04865

In the Matter of Ethan Mirenberg, et al., appellants,

v Lynbrook Union Free School District Board of

Education, et al., respondents.

(Index No. 1873/08)

DECISION & ORDER ON MOTION

Motion by the respondents for the Court to take judicial notice of certain findings of the Commissioner of Education and to dismiss an appeal from a judgment of the Supreme Court, Nassau County, dated April 8, 2008, on the ground that the appeal has been rendered academic.

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

ORDERED that the motion is denied.

MASTRO, J.P., FLORIO, ENG and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court