Appellate Division: Second Judicial Department

M96797

S/sl

REINALDO E. RIVERA, J.P.

HOWARD MILLER

THOMAS A. DICKERSON

JOHN M. LEVENTHAL, JJ.

2009-11805 William R. LaMarca, etc., respondent, v David A. Patterson, etc., et al., appellants. (Index No. 09-026181)

DECISION & ORDER ON MOTION

Motion by the defendants for leave to appeal to this court from an order of the Supreme Court, Nassau County, dated December 23, 2009, and in effect, to stay enforcement of those provisions of the order which prohibited the defendants from requiring the plaintiff to retire as of December 31, 2009, pending hearing and determination of the appeal. Cross motion by the plaintiff to vacate any automatic stay which may be in effect pursuant to CPLR 5519(a)(1).

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

ORDERED that the motion is granted and the provisions of the order dated December 23, 2009, which prohibited the defendants from requiring the plaintiff to retire as of December 31, 2009, are stayed pending hearing and determination of the appeal or pending determination by the Supreme Court, Nassau County, of the order to show cause returnable on January 11, 2010, whichever occurs first; and it is further,

ORDERED that the cross motion is denied as unnecessary as no automatic stay is in effect (see State of New York v Village of Haverstraw, 219 AD2d 64).

RIVERA, J.P., MILLER, DICKERSON and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court