Opinion
Submitted May 12, 2008.
decided July 1, 2008.
Reported below, 50 AD3d 318.
Motion for leave to appeal denied with $100 costs and necessary reproduction disbursements. Where motions for leave to appeal to the Court of Appeals are made in the Court of Appeals and the Appellate Division simultaneously, the Court of Appeals has the power to entertain the motion without waiting for the Appellate Division to issue its determination of the motion. To the extent that Matter of Wild v Bartol ( 5 NY2d 792) holds to the contrary, it will not be followed. Motion for a stay dismissed as academic.