| LaMarca v Paterson |
| Motion No: 2009-11805 |
| Slip Opinion No: 2010 NY Slip Op 80896(U) |
| Decided on August 27, 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
M107656
E/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. Paterson, etc., et al., appellants.
(Index No. 09-026181)
| DECISION & ORDER ON MOTION |
Motion by the appellants to hold in abeyance an appeal from an order of the Supreme Court, Nassau County, dated December 23, 2009, and to continue a stay of enforcement of those provisions of the order which prohibited the defendants from requiring the plaintiff to retire as of December 31, 2009.
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 branch of the motion which is to hold the appeal in abeyance is granted, and the appeal is held in abeyance pending determination of the action in the Supreme Court, Nassau County; the parties shall advise the court when the action is determined; and it is further,
ORDERED that the branch of the motion which is to continue the stay is denied as unnecessary in light of the decision and order on motion dated December 31, 2009.
RIVERA, J.P., MILLER, DICKERSON and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court