| Matter of Brown v Board of Education of Mahopac Central S |
| Motion No: 2013-08119 |
| Slip Opinion No: 2013 NY Slip Op 92943(U) |
| Decided on December 4, 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
M165799
E/sl
RUTH C. BALKIN, J.P.
PLUMMER E. LOTT
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
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2013-08119 In the Matter of Maura Ann Brown, respondent, v Board of Education of Mahopac Central School District, et al., appellants. (Index No. 523/11)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Putnam County, dated June 27, 2013, on the ground that no appeal lies as of right from a nonfinal order in a proceeding pursuant to CPLR article 78, and to vacate any automatic stay in effect pursuant to CPLR 5519(a)(1).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the notice of appeal is treated as an application for leave to appeal and leave to appeal is granted; and it is further,
ORDERED that the motion is denied.
BALKIN, J.P., LOTT, AUSTIN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court