| Matter of Kaefer v New York State Office of Parks, Recreatio |
| Motion No: 2011-04247 |
| Slip Opinion No: 2011 NY Slip Op 76882(U) |
| Decided on June 28, 2011 |
| 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
M122195
E/sl
PETER B. SKELOS, J.P.
ARIEL E. BELEN
L. PRISCILLA HALL
SHERI S. ROMAN, JJ.
|
2011-04247 In the Matter of Robert Kaefer, appellant- respondent, v New York State Office of Parks, Recreation and Historical Preservation, respondent-appellant.
(Index No. 16657/06)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent, in effect, to vacate any automatic stay that is in effect with respect to so much of a judgment of the Supreme Court, Nassau County, entered February 17, 2011, as adjudged that the "[p]etitioner shall be permitted to take the new hire test unless and until a determination after the appropriate hearings ban him from such service for life," pending hearing and determination of an appeal from the judgment.
Upon the papers filed in support of the 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 (see State of New York v Town of Haverstraw, 219 AD2d 64).
SKELOS, J.P., BELEN, HALL and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court