In the Matter of Peter C. Decarlo Commissioner of Labor

Motion No: 507388

Slip Opinion No: 2009 NY Slip Op 84982(U)

Decided on October 1, 2009

Appellate Division, Third 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.

Decided and Entered: October 1, 2009

Case # 507388

In the Matter of the Claim of PETER C. DECARLO, Appellant. COMMISSIONER OF LABOR, Respondent.

DECISION AND ORDER ON MOTION

Motion to dismiss appeal as moot.

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

ORDERED that the motion is denied, without costs, and without prejudice to the issue involved being raised upon the appeal.
CARDONA, P.J., SPAIN, LAHTINEN, KANE and MALONE JR., JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court