Matter of Coleman v Prendergast
Motion No: 2010-10925
Slip Opinion No: 2011 NY Slip Op 84020(U)
Decided on September 16, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M125899

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

SHERI S. ROMAN, JJ.

2010-10925

In the Matter of Carl Coleman, et al., appellants,

v Patricia Prendergast, etc., et al., respondents.

(Index No. 10-1287)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to enjoin the respondents from requiring them to take any physical fitness examinations, pending hearing and determination of an appeal from an order of the Supreme Court, Rockland County, dated September 20, 2010.

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

ORDERED that the motion is denied.

RIVERA, J.P., BALKIN, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court