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MATTER OF RASA v. GIAMBRUNO

223 A.D.2d 711 (1996)

637 N.Y.S.2d 934

In the Matter of Laverne Rasa, Respondent, v. Anthony J. Giambruno, as Personnel Officer of The County of Westchester, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 29, 1996

Ordered that the appeal is dismissed as academic, without costs or disbursements.

During the pendency of this appeal, the appellant Anthony J. Giambruno restored to the petitioner the wages that had been withheld from her for the 30-day period in question. The petitioner notes that since the judgment appealed from was subject to a statutory stay (see, CPLR 5519 [a] [1]), the restoration of the back pay was voluntary, and the instant appeal is now academic....

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