Water Works Realty Corp., et al. v. Harrison J. Edwards, III, et al.

Filing 116

MEMORANDUM AND ORDER; re: 114 LETTER, 115 LETTER; denying 80 Motion to Dismiss. The court has reviewed the parties' submissions and denies the request to reinstate the stay. It appears that the pro se Defts' have not yet perfected t he appeal of the denial of their Article 78 Proceeding. This matter has already been unduly delayed by previous stays. In the event that the Appellate Division reverses the Article 78 decision, the pro se Defts will be able to recoup any expenses i ncurred in connection with the defense of this action. While the court denies the request for a stay, the court directs Pltff's counsel to investigate the claim of Deft Martinez who stated before this court and counsel that he was not a member of the Village of Freeport Board of Trustees during the time period relevant to this lawsuit. Pltff's counsel shall inform the court, within two weeks of the date of this order as to whether he plans to continue this action against Deft Martinez. All other requests for stays and/or dismissal are denied. ( Ordered by Senior Judge Leonard D. Wexler on 1/21/2011.) c/m (Fagan, Linda) Modified on 1/21/2011 (Fagan, Linda).