| Matter of Vinluan v Doyle |
| Motion No: 2008-02568 |
| Slip Opinion No: 2008 NYSlipOp 69098(U) |
| Decided on April 14, 2008 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M69035
E/cb
REINALDO E. RIVERA, J.P.
FRED T. SANTUCCI
RANDALL T. ENG
ARIEL E. BELEN, JJ.
|
2008-02568 In the Matter of Felix Vinluan, et al., petitioners, v Robert W. Doyle, etc., et al., respondents.
| DECISION & ORDER ON MOTION |
Motion by the petitioners to stay all proceedings in an action entitled People v Vinluan, Jacinto, Anilao, Avila, Dela Cruz, Gamiao, Lampa, Maulion, Millena, Ramos, and Sichon, pending in the Supreme Court, Suffolk County, under Indictment No. 769A-K-2007, pending hearing and determination of a proceeding pursuant to CPLR article 78 in the nature of prohibition to prohibit the respondents from proceeding with that action. Separate motion by the National Employment Lawyers Association/New York and the Legal Aid Society for leave to file an amicus curiae memorandum. Separate motion by 1199SEIU United Healthcare Workers East for leave to file an amicus curiae memorandum.
Upon the papers filed in support of the motions, the papers filed in opposition to the motion for an injunction, and no papers having been filed in opposition or in relation to the motions for leave to file amici curiae memoranda, it is
ORDERED that the motion to stay all proceedings in the action entitled People v Vinluan, Jacinto, Anilao, Avila, Dela Cruz, Gamiao, Lampa, Maulion, Millena, Ramos, and Sichon, pending in the Supreme Court, Suffolk County, under Indictment No. 769A-K-2007, pending hearing and determination of the proceeding pursuant to CPLR article 78 is granted, and that action is stayed pending hearing and determination of the proceeding; and it is further,
ORDERED that the motions for leave to file amici curiae memoranda are granted; and it is further,
ORDERED that the amici curiae memoranda must be served on the parties, and nine copies filed in this court on or before April 21, 2008; and it is further,
ORDERED that no oral argument by the amici curiae shall be permitted; and it is further,
ORDERED that the parties, if they be so advised, may file reply memoranda to the amici curiae memoranda within 10 days after service upon them of the amici curiae memoranda.
RIVERA, J.P., SANTUCCI, ENG and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court