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FUNDERBURKE v. NEW YORK STATE DEPARTMENT OF CIVIL SERVICE

49 A.D.3d 809 (2008)

854 N.Y.S.2d 466

DUKE L. FUNDERBURKE, Appellant, v. NEW YORK STATE DEPARTMENT OF CIVIL SERVICE et al., Respondents.

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

Decided March 25, 2008.

Motions by the respondents to dismiss the appeal on the ground that the appeal has been rendered academic, and cross motion by the appellant to vacate the order of the Supreme Court, Nassau County, entered July 12, 2006, in the event that the appeal is dismissed. By decision and order on motion of this Court dated August 28, 2007 [2007 NY Slip Op 76467(U)], the motions and cross motion were held in abeyance and were referred to the Justices hearing the appeal for determination...

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