In the Matter of Christopher L. Miller v Richard P. Mills as Commissioner of Education

Motion No: 507611

Slip Opinion No: 2009 NY Slip Op 90932(U)

Decided on December 4, 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: December 4, 2009

Case # 507611

In the Matter of CHRISTOPHER L. MILLER, Appellant, v RICHARD P. MILLS, as Commissioner of Education, Respondent.

DECISION AND ORDER ON MOTION

Motion to hold appeal in abeyance.

Cross motion for extension of time to file and serve responding brief.

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

ORDERED that the motion to hold the appeal in abeyance is granted, without costs, and the appeal is removed from the January 2010 term of this Court. Appellant shall notify this Court within 20 days of a decision by Supreme Court, Albany County, Index No. 2965-09, as to whether appellant will proceed with the current appeal, and it is further

ORDERED that the cross motion for an extension of time to file and serve the responding brief is denied, without costs, as unnecessary.
CARDONA, P.J., MERCURE, PETERS, ROSE and STEIN, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court