| Matter of Schimenti v City of New York |
| Motion No: 2023-00560 |
| Slip Opinion No: 2024 NY Slip Op 72891(U) |
| Decided on August 19, 2024 |
| 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
M298600
KS/
CHERYL E. CHAMBERS, J.P.
LINDA CHRISTOPHER
HELEN VOUTSINAS
LAURENCE L. LOVE, JJ.
|
2023-00560, 2023-01364 In the Matter of Frank Schimenti, respondent, v City of New York, et al., appellants. (Index No. 85075/2022)
| DECISION & ORDER ON MOTION |
Appeals from an order of the Supreme Court, Richmond County, dated December 14, 2022, and an order and judgment (one paper) of the same court dated January 23, 2023. Motion by the appellants for leave to reargue their opposition to the branch of a prior motion by the respondent which was, in effect, pursuant to CPLR 5519(c) to vacate any automatic stay of so much of the order and judgment as reinstated the respondent's employment and awarded the respondent back pay, which was determined by decision and order on motion of this Court dated November 1, 2023, or, in the alternative, to stay enforcement of so much of the order and judgment as awarded the respondent back pay.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
CHAMBERS, J.P., CHRISTOPHER, VOUTSINAS and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court