| Matter of Penderleith v Lakeland Central School Distr |
| Motion No: 2008-03396 |
| Slip Opinion No: 2009 NY Slip Op 91401(U) |
| Decided on December 15, 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
M95841
E/sl
A. GAIL PRUDENTI, P.J.
JOSEPH COVELLO
DANIEL D. ANGIOLILLO
THOMAS A. DICKERSON, JJ.
|
2008-03396 In the Matter of Robert Penderleith, petitioner, v Lakeland Central School District of Shrub Oak, New York, et al., respondents. (Index No. 21761/07)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to reargue a proceeding pursuant to CPLR article 78, which was determined by decision and judgment of this court dated August 18, 2009, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and judgment of this court. Cross motion by the petitioner for leave to appeal to the Court of Appeals from the decision and judgment of this court in the event that the branch of the respondents' motion which is for leave to appeal to the Court of Appeals is granted.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross motion is denied as academic.
PRUDENTI, P.J., COVELLO, ANGIOLILLO and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court