Opinion
DOCKET NO. CA 15-01589
01-21-2016
IN THE MATTER OF VILLAGE OF PULASKI, PETITIONER-RESPONDENT, v. ROBERT M. WEICHERT, ASSIGNEE OF ROBERT S. WEICHERT, RESPONDENT-APPELLANT.
PRESENT:
Robert M. Weichert, on behalf of appellant, having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered October 20, 2015, and petitioner having cross-moved to vacate the stay,
Now, upon reading and filing the affidavit of Robert M. Weichert sworn to November 5, 2015, the affidavit of Robert E. Genant, Esq., sworn to December 8, 2015, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that motion made on behalf of appellant insofar as it seeks reargument of or, in the alternative, leave to appeal to the Court of Appeal is denied, and
It is further ORDERED that petitioner's motion insofar as it seeks to vacate the stay previously granted pursuant to New York Military Law § 304 is denied, without prejudice to a motion to vacate demonstrating that appellant's military service does not materially affect his ability to conduct his defense (see Greco v Renegades Inc., 307 AD2d 711; Warshawsky v Warshawsky, 215 AD2d 374; Short v Rapping (135 AD2d 624).
Entered: January 21, 2016
Frances E. Cafarell, Clerk