VIRGIL SMITH, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF DEREK SMITH, A MINOR V HAZEL E. SHERWOOD CITY OF

VIRGIL SMITH, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF DEREK SMITH, A MINOR V HAZEL E. SHERWOOD CITY OF

Motion No: 1634-09

Slip Opinion No: 2010 NY Slip Op 67214(U)

Decided on March 19, 2010

Appellate Division, Fourth 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.

March 19, 2010

PRESENT: FAHEY, J.P., PERADOTTO, GREEN, AND GORSKI, JJ.

MOTION NO. 1634-09
DOCKET NO. CA 09-01333

VIRGIL SMITH, INDIVIDUALLY AND AS PARENT AND NATURAL
GUARDIAN OF DEREK SMITH, A MINOR, PLAINTIFF-APPELLANT,
V
HAZEL E. SHERWOOD, DEFENDANT,
CITY OF SYRACUSE, SYRACUSE CITY SCHOOL DISTRICT, BOARD OF
EDUCATION OF SYRACUSE CITY SCHOOL DISTRICT,
CENTRAL NEW YORK REGIONAL TRANSPORTATION AUTHORITY, ALSO
KNOWN AS CENTRO, INC., AND THEODORE R. GRAY,
DEFENDANTS-RESPONDENTS.

The New York Public Transit Association having moved for permission to appear amicus curiae on the motion of respondents Central New York Regional Transportation Authority and Theodore R. Gray for leave to appeal to the Court of Appeals from the order of this Court entered December 30, 2009,

Now, upon reading and filing the affidavit of Hilary D. Ring sworn to January 29, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied as moot.

Entered: March 19, 2010

Patricia L. Morgan, Clerk