Appellate Division: Second Judicial Department

M35940

T/sl

ANITA R. FLORIO, J.P.

HOWARD MILLER

STEPHEN G. CRANE

DAVID S. RITTER, JJ.

2006-01181 In the Matter of Jeffrey Toback, et al., respondents, v Peter Schmitt, et al., appellants. (Index No. 1321/06)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of an order of the Supreme Court, Nassau County, dated January 31, 2006, pending hearing and determination of an appeal therefrom, and for a preference in the calendaring of the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the branch of the motion which is to stay enforcement of the order is granted to the extent that so much of the order as directed the Nassau County Legislature to forthwith reconvene, with all nineteen legislators present, and remain in session and elect a presiding officer with a minimum of a ten-vote majority of the Legislature is stayed pending hearing and determination of the appeal, and the County Clerk of Nassau County is stayed from taking any action under County Law § 151 pending hearing and determination of the appeal, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is denied as unnecessary, as the appeal was argued on February 8, 2006.

FLORIO, J.P., MILLER, CRANE and RITTER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court