Rasa v. Giambruno

Appellate Division of the Supreme Court of New York

Rasa v. Giambruno

223 A.D.2d 711, 637 N.Y.S.2d 934, 1996 N.Y. App. Div. LEXIS 652

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 29, 1996

StatusPublished

This text of 223 A.D.2d 711 (Rasa v. Giambruno) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rasa v. Giambruno, 223 A.D.2d 711, 637 N.Y.S.2d 934, 1996 N.Y. App. Div. LEXIS 652 (N.Y. Ct. App. 1996).

Pincite

Opinion

In a proceeding pursuant to CPLR article 78 to review a determination of Anthony J. Giambruno, Personnel Officer of the County of Westchester, dated July 15, 1993, which imposed a penalty for misconduct, the appeal is from a judgment of the Supreme Court, Westchester County (Angiolillo, J.), entered July 18, 1994, which granted the petition and awarded the petitioner 30 days back pay.

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. The appellants do not contest that the appeal is now academic.

Accordingly, the appeal is dismissed. Rosenblatt, J. P., O’Brien, Pizzuto and Goldstein, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to review a determination of Anthony J. Giambruno, Personnel Officer of the County of Westchester, dated July 15, 1993, which imposed a penalty for misconduct, the appeal is from a judgment of the Supreme Court, Westchester County (Angiolillo, J.), entered July 18, 1994, which granted the petition and awarded the petitioner 30 days back pay.

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. The appellants do not contest that the appeal is now academic.

Accordingly, the appeal is dismissed. Rosenblatt, J. P., O’Brien, Pizzuto and Goldstein, JJ., concur.

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Bluebook (online)

223 A.D.2d 711, 637 N.Y.S.2d 934, 1996 N.Y. App. Div. LEXIS 652, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rasa-v-giambruno-nyappdiv-1996.