Matter of Card v Manko
Motion No: 2011-08849
Slip Opinion No: 2013 NY Slip Op 72124(U)
Decided on April 29, 2013
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

M155484

S/sl

DANIEL D. ANGIOLILLO, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

JEFFREY A. COHEN, JJ.

2011-08849

In the Matter of Tammy Card, respondent,

v Thomas Manko, et al., appellants.

(Index No. 2696/11)

DECISION & ORDER ON MOTION

Appeal by the Thomas Manko, Mahopac Central School District, and Board of Education of Mahopac Central School District, by permission from an order of the Supreme Court, Putnam County, dated September 16, 2011. By decision and order on motion of this Court dated October 17, 2011, enforcement of a temporary restraining order contained in the order dated September 16, 2011, was stayed pending hearing and determination of the appeal. The appeal has not been perfected.

Now, on the Court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to perfect in accordance with the rules of this Court (see 22 NYCRR 670.8[e]); and it is further,

ORDERED that the stay granted by decision and order of this Court dated October 17, 2011, is vacated forthwith.

ANGIOLILLO, J.P., LEVENTHAL, HALL and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court