| Matter of Mulhern v Touro College |
| Motion No: 2022-00605 |
| Slip Opinion No: 2022 NY Slip Op 65877(U) |
| Decided on May 16, 2022 |
| 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 DepartmentM283005
MB/
MARK C. DILLON, J.P.
SHERI S. ROMAN
JOSEPH J. MALTESE
DEBORAH A. DOWLING, JJ.
|
2022-00605 In the Matter of Edwin T. Mulhern, appellant, v Touro College, etc., respondent. (Index No. 610321/2021)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Nassau County, entered January 21, 2022. Motion by the appellant, in effect, to stay enforcement of so much of the order as vacated a temporary restraining order prohibiting the respondent from dismissing the appellant from the respondent law school, pending hearing and determination of the appeal. Separate motion by the appellant to compel the respondent to allow the appellant to register for graduation, to hold the respondent in contempt pursuant to Judiciary Law §§ 751 and 753 for its willful refusal to comply with an order to show cause of this Court dated January 28, 2022, to impose sanctions on the respondent, and for an award of costs.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion, in effect, to stay enforcement of so much of the order as vacated the temporary restraining order prohibiting the respondent from dismissing the appellant from the respondent law school is granted, and enforcement of that portion of the order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before June 15, 2022; and it is further,
ORDERED that in the event the appeal is not perfected on or before June 15, 2022, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that the motion to compel the respondent to allow the appellant to register for graduation, to hold the respondent in contempt pursuant to Judiciary Law §§ 751 and 753 for its willful refusal to comply with an order to show cause of this Court dated January 28, 2022, to impose sanctions on the respondent, and for an award of costs is denied..
DILLON, J.P., ROMAN, MALTESE and DOWLING, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court