Appellate Division: Second Judicial Department

M36057

A/sl

FRED T. SANTUCCI, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2006-00804 In the Matter of Patrick Connolly, etc., et al., appellants, v Rye School District, et al., respondents. (Index No. 12942/05)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of a judgment of the Supreme Court, Westchester County, dated January 3, 2006, pending hearing and determination of an appeal therefrom, and to enjoin the respondents from preventing Reid Connolly's attendance at the schools of the respondent Rye School District.

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 motion is granted and enforcement of the judgment dated January 3, 2006, is stayed, and the respondents are enjoined from preventing Reid Connolly's attendance at the schools of the respondent Rye School District, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before March 7, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 7, 2006, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice; and it is further,

ORDERED that the respondents' brief shall be served and filed on or before March 21, 2006; and it is further,

 ORDERED that the appellants' reply brief shall be served and filed on or before March 28, 2006.

SANTUCCI, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court