Murray v Town of N. Castle, 2022 NY Slip Op 00674 [202 AD3d 700]

February 2, 2022

Appellate Division, Second Department

[*1]

Dennis Murray, Respondent,

v

Town of North Castle, Appellant.

Keane & Beane, P.C., White Plains, NY (Jaclyn G. Goldberg and Lance H. Klein of counsel), for appellant.

Gould & Berg, White Plains, NY (Kim P. Berg of counsel), for respondent.

In an action, inter alia, for declaratory relief and to permanently enjoin the defendant from maintaining a disciplinary proceeding against the plaintiff, the defendant appeals from an order of the Supreme Court, Westchester County (Terry Jane Ruderman, J.), dated October 12, 2018. The order, inter alia, granted the plaintiff’s motion to enjoin the defendant from pursuing disciplinary charges against him pending a final determination in the action.

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

The order appealed from granted the plaintiff’s motion to enjoin the defendant from pursuing disciplinary charges against him pending a final determination in the action. This Court’s decision and order in a related appeal ( see Murray v Town of N. Castle , 203 AD3d 150 [2022] [decided herewith]) grants the defendant’s motion for summary judgment dismissing the complaint. The decision and order in the related appeal constitutes a final determination in the action, and renders this appeal academic. Chambers, J.P., Miller, Genovesi and Dowling, JJ., concur. [Prior Case History: 62 Misc 3d 179.].