| Hart v Board of Education of City of New York |
| Motion No: 2013-04885 |
| Slip Opinion No: 2013 NY Slip Op 83510(U) |
| Decided on August 27, 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. |
Appellate Division: Second Judicial Department
M161361
S/sl
PETER B. SKELOS, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
L. PRISCILLA HALL, JJ.
|
2013-04885 Victoria Hart, et al., respondents, v Board of Education of City of New York, et al., appellants. (Index No. 30758/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Kings County, dated April 2, 2013, to confirm that an automatic stay of the order pursuant to CPLR 5519(a)(1) is in effect pending hearing and determination of the appeal, or, in the alternative, to stay enforcement of the order pending hearing and determination of the appeal pursuant to CPLR 5519(c).
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to confirm that an automatic stay of the order pursuant to CPLR 5519(a)(1) is in effect pending hearing and determination of the appeal is granted; and it is further,
ORDERED that the motion is otherwise denied as academic.
SKELOS, J.P., BALKIN, LEVENTHAL and HALL, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court