| Matter of Seidel v Prendergast |
| Motion No: 2010-02392 |
| Slip Opinion No: 2010 NY Slip Op 66584(U) |
| Decided on March 25, 2010 |
| 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
M100413
E/sl
REINALDO E. RIVERA, J.P.
MARK C. DILLON
ANITA R. FLORIO
RUTH C. BALKIN, JJ.
|
2010-02392 In the Matter of Michael Seidel, et al., petitioners, v Patricia Prendergast, etc., et al., respondents. (Index No. 10-236)
| DECISION & ORDER ON MOTION |
Motion by Kevin A. Nulty to confirm that no automatic stay pursuant to CPLR 5519(a) is in effect pending hearing and determination of cross motions for leave to appeal to this court from of an order of the Supreme Court, Rockland County, dated March 3, 2010. Cross motions by the petitioners and by Patricia Prendergast, the Rockland County Department of Personnel, and the County of Rockland for leave to appeal from the order dated March 3, 2010, and, in effect, to stay enforcement of the order pending hearing and determination of the appeal.
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 as unnecessary as no automatic stay is in effect; and it is further,
ORDERED that the branches of the cross motion which are for leave to appeal are denied; and it is further,
ORDERED that the branches of the cross motion which are, in effect, to stay enforcement of the order are denied as academic.
RIVERA, J.P., DILLON, FLORIO and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court